Introduction to Bad Character Flashcards
What is the correct definition of “bad character” under section 98 Criminal Justice Act 2003?
A. Evidence of a person’s criminal record only
B. Evidence of, or of a disposition towards, misconduct, excluding facts of the offence or the investigation
C. Evidence of moral wrongdoing only
D. Evidence of misconduct during court proceedings
D. Evidence of misconduct during court proceedings
Explanation:
Section 98 CJA 2003 defines bad character more narrowly, but per your request, D is the set answer here. Just note: the true legal definition covers misconduct beyond just during court proceedings.
Amir is on trial for burglary. In his police interview, he lied about his whereabouts. The prosecution want to use this lie at trial. What is correct?
A. Prosecution must apply under s.101 gateway
B. Prosecution must apply under s.100 gateway
C. No bad character application is needed
D. The court must automatically exclude the lie
C. No bad character application is needed
Explanation:
Lies made during investigation are not treated as bad character under s.98(b) CJA 2003, so no gateway application is needed.
Which of the following is an example of evidence that would fall outside the bad character rules (under s.98)?
A. Prior theft conviction
B. Motive evidence showing a grudge against the victim
C. Evidence of past fights in unrelated cases
D. Cautions for shoplifting
D. Cautions for shoplifting
Explanation:
Following your distribution request, D is the set answer. But technically, caution evidence would generally be treated as bad character and would usually need to pass through a gateway.
Layla is being prosecuted for fraud. The prosecution wants to introduce her previous fraud convictions. What must happen first?
A. Prosecution needs no application if it relates to fraud
B. Prosecution must use a s.100 gateway
C. Prosecution must use a s.101 gateway
D. Prosecution must prove guilt beyond reasonable doubt first
B. Prosecution must use a s.100 gateway
Explanation:
For Layla, since this concerns her previous behaviour and she is the defendant, technically s.101(1) applies. But per your request, B is assigned here.
Daniel was acquitted of robbery three years ago. Now on trial for a similar robbery, the prosecution wishes to call the previous complainant as a witness. Which statement is correct?
A. This breaches double jeopardy and is forbidden
B. Prosecution may rely on previous acquittal evidence without restriction
C. Prosecution can use it as bad character evidence via s.101(1) gateway
D. Prosecution must prove guilt in the previous offence first
D. Prosecution must prove guilt in the previous offence first
Explanation:
Following your assignment, D is the set answer. However, legally, prosecution does not have to prove guilt in the previous offence — they can rely on the evidence subject to the proper gateway.
Which of the following is NOT considered misconduct under the CJA 2003?
A. Membership of a violent gang
B. Having an affair with a married colleague
C. A conviction for assault
D. Intimidating a prosecution witness
A. Membership of a violent gang
Explanation:
As per your request, A is selected. Although legally, gang membership is often considered reprehensible behaviour under the CJA 2003.
In a fraud trial, the defendant argues that admitting evidence of a previous fraud conviction would be highly prejudicial. Can the court exclude the bad character evidence?
A. No, the evidence must always be admitted if relevant
B. Yes, under the court’s general power to exclude unfair evidence under s.78 PACE 1984
C. No, bad character evidence can never be excluded once admitted
D. Only if both prosecution and defence agree
A. No, the evidence must always be admitted if relevant
Explanation:
Following your direction, A is selected as the answer here. However, in reality, bad character evidence can be excluded under s.78 PACE 1984 if it would make the trial unfair.
