GOOD / BAD CHARACTER – REVISION NOTES
What may be a bad character?
- Previous Criminal Record
- Previous Criminal Convictions
- Any Type of Caution
What may be a good character?
- Good Community Life
- Engagement in Community
- Reputation
Civil Proceedings
- Must be relevant to be admissible
- To provide a fact in issue (e.g. defamation)
- Relevant in proving a fact in issue (e.g. propensity)
- To credit
It essential to prove that some witnesses may not be relevant due to their previous
acts in regard to telling the lies. This is something very influential and may influence
the defendant negatively is somebody has a tendency to lie.
CIVIL – PROPENSITY / WHAT DOES PROPENSITY MEAN?
Good Character – No presumption that less likely to commit a civil wrong.
Bad Character – Admissible if relevant AND if the judge decides there is no other
good reason to exclude it (i.e. prejudicial / unfairly obtained)
CIVIL – CREDIBILITY / WHAT DOES CREDIBILITY MEAN?
Good Character – May not be used to boost credibility. It is quite obvious why party
may use a good character witness because if you are a good person you will have a
tendency to telling the truth.
Bad Character – May not be used to discredit a witness as far as is relevant
because of the previous experience so that judge may decide that it may be not
sufficiently relevant and time wasting.
O’Brien v Chief Constable of S Wales Police (2005) 2 AC 534
The court has to ask themselves whether it is relevant to influence the issue. It is
possible to have a one party that is extremely powerful while the other party may be
just a one person, very limited resources sometimes defending itself.
It can be expensive, time consuming and the judge has the discretion not to admit it.
What may be a bad character?
- Previous Criminal Record
- Previous Criminal Convictions
- Any Type of Caution
What may be a good character?
- Good Community Life
- Engagement in Community
- Reputation
Civil Proceedings
- Must be relevant to be admissible
- To provide a fact in issue (e.g. defamation)
- Relevant in proving a fact in issue (e.g. propensity)
- To credit
It essential to prove that some witnesses may not be relevant due to their previous
acts in regard to telling the lies. This is something very influential and may influence
the defendant negatively is somebody has a tendency to lie.
CIVIL – PROPENSITY / WHAT DOES PROPENSITY MEAN?
Good Character – No presumption that less likely to commit a civil wrong.
Bad Character – Admissible if relevant AND if the judge decides there is no other
good reason to exclude it (i.e. prejudicial / unfairly obtained)
CIVIL – CREDIBILITY / WHAT DOES CREDIBILITY MEAN?
Good Character – May not be used to boost credibility. It is quite obvious why party
may use a good character witness because if you are a good person you will have a
tendency to telling the truth.
Bad Character – May not be used to discredit a witness as far as is relevant
because of the previous experience so that judge may decide that it may be not
sufficiently relevant and time wasting.
O’Brien v Chief Constable of S Wales Police (2005) 2 AC 534
The court has to ask themselves whether it is relevant to influence the issue. It is
possible to have a one party that is extremely powerful while the other party may be
just a one person, very limited resources sometimes defending itself.
It can be expensive, time consuming and the judge has the discretion not to admit it.
