DR WS15 – BAD CHARACTER, PREVIOUS CONVICTIONS AND CONFESSION ADMISSIBILITY.
Evidence
Bad Character Evidence
Previous Convictions = Bad character evidence
“Bad Character” ‘Evidence of, or a disposition towards, misconduct’, other than evidence connected with the
s98 CJA 2003 offence for which the defendant has been charged
Previous convictions show disposition towards misconduct – this is the STARTING point.
“Misconduct” ‘The commission of an offence or other reprehensible behaviour’
s112 CJA 2003 Previous conviction = offence
If the alleged misconduct by the defendant is connected to the offence with which he has been charged, this will
not fall within the definition of bad character in s 98, and will therefore be admissible in evidence without
needing to consider whether it satisfies the test for admissibility of bad character evidence set out in the CJA
2003.
A defendant’s bad character cannot of itself prove guilt.
The prosecution must adduce other evidence to substantiate their case before the jury or magistrates are
permitted to take his bad character into account.
Adducing evidence of previous convictions
Evidence of a defendant’s previous convictions is only admissible under one of 7 gateways under s101(1)(a
– g) of the CJA 2003 - we only look at gateways (d) and (g) on the LPC.
s101(1): (1) In criminal proceedings evidence of a defendant’s bad character is admissible if, but only if:
Gateway (d):
It is relevant to an important matter in issue between the defendant and the prosecution.
Gateway (d)
s101(1)(d) CJA 2003
It is relevant to an important matter in issue between the defendant and the prosecution.
Evidence will be admissible if it is “relevant to an important matter in issue between the defendant and the
prosecution” s101(1)(d) CJA 2003 – First, define important matter.
THEN Two requirements. s103(1) The evidence will only admissible if it shows that:
(a) The defendant has a propensity to commit offences of the kind with which he is charged; OR
(a) The defendant has a propensity to be untruthful
What is an “An important matter” is defined as “a matter of substantial importance in the context of the
“important case as a whole” CJA 2003, s112(1).
matter”? Evidence will be admissible if it is “relevant to an important matter in issue
between the defendant and the prosecution”
1 s103(1)(a) s103(2) CJA 2003 - This may be established by evidence that the defendant has been
Propensity to commit convicted of previous convictions that are of the;
offences “of the same
1
Evidence
Bad Character Evidence
Previous Convictions = Bad character evidence
“Bad Character” ‘Evidence of, or a disposition towards, misconduct’, other than evidence connected with the
s98 CJA 2003 offence for which the defendant has been charged
Previous convictions show disposition towards misconduct – this is the STARTING point.
“Misconduct” ‘The commission of an offence or other reprehensible behaviour’
s112 CJA 2003 Previous conviction = offence
If the alleged misconduct by the defendant is connected to the offence with which he has been charged, this will
not fall within the definition of bad character in s 98, and will therefore be admissible in evidence without
needing to consider whether it satisfies the test for admissibility of bad character evidence set out in the CJA
2003.
A defendant’s bad character cannot of itself prove guilt.
The prosecution must adduce other evidence to substantiate their case before the jury or magistrates are
permitted to take his bad character into account.
Adducing evidence of previous convictions
Evidence of a defendant’s previous convictions is only admissible under one of 7 gateways under s101(1)(a
– g) of the CJA 2003 - we only look at gateways (d) and (g) on the LPC.
s101(1): (1) In criminal proceedings evidence of a defendant’s bad character is admissible if, but only if:
Gateway (d):
It is relevant to an important matter in issue between the defendant and the prosecution.
Gateway (d)
s101(1)(d) CJA 2003
It is relevant to an important matter in issue between the defendant and the prosecution.
Evidence will be admissible if it is “relevant to an important matter in issue between the defendant and the
prosecution” s101(1)(d) CJA 2003 – First, define important matter.
THEN Two requirements. s103(1) The evidence will only admissible if it shows that:
(a) The defendant has a propensity to commit offences of the kind with which he is charged; OR
(a) The defendant has a propensity to be untruthful
What is an “An important matter” is defined as “a matter of substantial importance in the context of the
“important case as a whole” CJA 2003, s112(1).
matter”? Evidence will be admissible if it is “relevant to an important matter in issue
between the defendant and the prosecution”
1 s103(1)(a) s103(2) CJA 2003 - This may be established by evidence that the defendant has been
Propensity to commit convicted of previous convictions that are of the;
offences “of the same
1
