Topic 9 - Evidence - Character

Question 1

What is the significance of good character in criminal cases?

Answer 1

Defendants can adduce evidence of their good character, which usually includes having no previous convictions

Good character may influence jury perceptions regarding credibility and propensity.

Question 2

What is ‘absolute good character’?

Answer 2

The defendant has no previous convictions and there is no evidence of other reprehensible conduct.

Question 3

Define ‘effective good character’.

Answer 3

The defendant has previous convictions that are old, minor, or relate to offences of a different nature than the one charged.

Question 4

What constitutes ‘positive good character’?

Answer 4

Evidence of virtuous behavior, such as charity work.

Question 5

List methods by which defendants can adduce evidence of good character.

Answer 5

• Cross-examination of a police officer
• Formal admissions (s.10 Criminal Justice Act 1967)
• Examination in chief of defendants
• Calling a character witness

Question 6

When should a judge give a good character direction to the jury?

Answer 6

When evidence of the defendant’s good character has been adduced during the trial.

Question 7

What is the first limb of the good character direction?

Answer 7

Credibility.

Question 8

Under what conditions should the credibility direction be given?

Answer 8

• When the defendant has given evidence
• If the defendant has made pre-trial statements relied on at trial
• If the defendant answered questions in a police interview.

Question 9

What is the second limb of the good character direction?

Answer 9

Propensity.

Question 10

When should the propensity direction be given?

Answer 10

In all cases where the defendant is of good character.

Question 11

What is the judge’s responsibility in joint trials concerning good character?

Answer 11

A defendant of good character is entitled to the full good character direction, regardless of co-defendants’ character.

Question 12

What must a judge consider when a defendant has old, spent, or irrelevant convictions?

Answer 12

Whether the defendant can be treated as a person of effective good character.

Question 13

What does R v Hunter and others [2015] EWCA state about good character directions?

Answer 13

Discourages giving good character directions if there is evidence of bad character or reprehensible conduct.

Question 14

What is the definition of bad character according to s.98 Criminal Justice Act 2003?

Answer 14

Evidence of misconduct that does not relate to the alleged facts of the offence or is misconduct related to the investigation of that offence.

Question 15

What does ‘misconduct’ mean under s.112 CJA 2003?

Answer 15

The commission of an offence or other reprehensible behaviour.

Question 16

List sources of bad character evidence.

Answer 16

• Previous convictions in the UK
• Previous convictions in a foreign court with a domestic equivalent
• Cautions
• Acquittals
• Agreed facts of reprehensible behaviour
• Witness evidence of reputation

Question 17

What does the double jeopardy rule state regarding previous convictions?

Answer 17

Prosecution can assert previous conduct without punishing the defendant for those offences.

Question 18

What types of evidence are excluded under s.98 CJA 2003?

Answer 18

• Evidence related to the alleged facts of the offence
• Evidence related to the investigation or prosecution of the offence.

Question 19

How many gateways for admissibility of defendant bad character evidence are there?

Answer 19

Seven.

Question 20

What is the mnemonic for the gateways of admissibility of defendant bad character evidence?

Answer 20

a) Agreement
b) Blurting out
c) Context
d) Done it before
e) ‘E did it
f) False impression
g) Gets at the witness

Question 21

What is ‘important explanatory evidence’ as per section 101(1)(c)?

Answer 21

Evidence that is crucial for understanding other evidence in the case.

Question 22

What must be established under section 101(1)(d)?

Answer 22

It must be relevant to an important matter in issue between the defendant and the prosecution.

Question 23

What must a defendant establish to show a propensity to commit offences?

Answer 23

A defendant’s propensity may be established by evidence of a previous conviction for:
* An offence of the same description
* An offence of the same category

Question 24

Under what circumstances does subsection (2) not apply to a particular defendant?

Answer 24

If the court is satisfied that it would be unjust to apply it due to the length of time since the conviction or other reasons

Question 25

How are two offences determined to be of the same description?

Answer 25

If the statement of the offence in a written charge or indictment would be in the same terms

Question 26

What does the court need to consider when admitting evidence under section 101(1)(d)?

Answer 26

The court must ensure that the admission does not adversely affect the fairness of the proceedings

Question 27

What are the questions to be posed when applying to admit bad character evidence?

Answer 27

The following questions must be addressed: * Does the defendant's history establish a propensity? * Does that propensity make it more likely that the defendant committed the offence? * Would it be unjust to rely on previous offences? * Would proceedings be unfair if the evidence were admitted?

Question 28

Is there a minimum number of previous convictions required to establish a propensity?

Answer 28

No, there is no minimum number required, but fewer convictions weaken the evidence of propensity

Question 29

Can propensity be demonstrated by evidence after the alleged offence?

Answer 29

Yes, provided it is likely that the propensity is ongoing

Question 30

What is an example of an important matter in issue other than propensity?

Answer 30

Identity

Question 31

What constitutes a 'signature' of the offender's mode of offending?

Answer 31

When the facts of previous convictions are so unusual that they indicate a specific pattern of behavior

Question 32

How is a propensity to be untruthful established?

Answer 32

Through: * A plea of not guilty with evidence the jury disbelieved * Offences involving dishonesty, e.g. fraud

Question 33

What is required for cross-admissibility of evidence in multiple charges?

Answer 33

A gateway is needed to allow evidence of one offence to be used as evidence for another

Question 34

What is the fairness test in section 101(3) CJA 2003?

Answer 34

It prevents the admission of evidence if it adversely affects the fairness of the proceedings

Question 35

What does section 101(1)(f) CJA 2003 allow?

Answer 35

It allows evidence to correct a false impression given by the defendant

Question 36

How is a false impression defined in section 105?

Answer 36

An express or implied assertion that gives a misleading impression about the defendant

Question 37

What triggers section 101(1)(g) CJA 2003 ?

Answer 37

When the defendant makes an attack on another person's character

Question 38

What is the purpose of section 101(1)(g) CJA 2003?

Answer 38

To assess the truth of the character attack made by the defendant

Question 39

What must the jury be instructed regarding bad character evidence?

Answer 39

They must not rely on it to conclude guilt and should assess it in light of all evidence

Question 40

What does section 100 CJA 2003 address?

Answer 40

It outlines the admissibility of bad character evidence of a person other than the defendant

Question 41

What are the three conditions under which non-defendant bad character evidence is admissible?

Answer 41

Evidence is admissible if: * It is important explanatory evidence * It has substantial probative value in relation to a matter in issue * All parties agree to its admissibility

Question 42

What is required for evidence of the bad character of a person other than the defendant to be given?

Answer 42

Leave of the court must be obtained

Question 43

Under Section 100 CJA 2003, who can adduce evidence?

Answer 43

Any party can adduce evidence

Question 44

What is the definition of 'important explanatory evidence' according to s.100(2)?

Answer 44

Evidence that is crucial for understanding other evidence in the case

Question 45

What does 'substantial probative value' relate to in the context of evidence?

Answer 45

It relates to a matter in issue and its importance in the case as a whole

Question 46

What must evidence of a non-defendant's misconduct demonstrate to have substantial probative value?

Answer 46

Nature, number, and age of instances of misconduct

Question 47

What does Section 78 PACE Act 1984 allow a judge to do?

Answer 47

Exclude evidence if its admission would adversely affect fairness

Question 48

Under Section 101(3) CJA 2003, when must evidence of the defendant's bad character be excluded?

Answer 48

If its admission would adversely affect fairness

Question 49

What is the difference in wording between s.101(3) and s.78 PACE Act 1984?

Answer 49

'Must' in s.101(3) vs. 'may' in s.78

Question 50

What does Section 107 CJA 2003 allow the court to do regarding bad character evidence?

Answer 50

Stop the case if the evidence is contaminated

Question 51

What must the court provide when making a ruling on bad character evidence according to Section 110?

Answer 51

Reasons in open court

Question 52

How can a conviction be proved under Section 73 PACE Act 1984?

Answer 52

By production of a certificate of conviction signed by the proper officer

Question 53

Fill in the blank: Under Section 74, a person convicted of an offence is taken to have _______ the offence.

Answer 53

committed

Question 54

What does Section 75 PACE Act 1984 make admissible as evidence?

Answer 54

Documents like information, charge sheet, and/or indictment

Question 55

Where are the procedural rules for adducing bad character evidence found?

Answer 55

Part 21 of the Criminal Procedure Rules

Question 56

What is the time limit for prosecution evidence in a Magistrates’ court for defendant bad character?

Answer 56

Not more than 20 business days after the plea

Question 57

What must the contents of the prosecution evidence include according to the rules?

Answer 57

Facts of the misconduct, proof method, and admissibility explanation

Question 58

What discretion does the court have regarding time limits for applications?

Answer 58

To shorten or extend time limits

Question 59

True or False: Written notices are not typically served for evidence proposed through s.101(1)(c) or (d) gateways.

Answer 59

False