MULTIPLE CHOICE QUESTIONS
ANSWERS
Bar Professional
Question 1
Ben Wilson is charged with robbery. After arrest he was interviewed. In interview he claimed
that it was a case of mistaken identification. At trial, the prosecution adduce evidence of
Wilson’s interview. The prosecution also concede that Wilson is a man of good character.
Wilson does not give evidence, but in her closing speech defence counsel reminds the jury of
what Wilson said in interview.
Which one of the following statements, concerning the trial judge’s direction to the jury on Wilson’s
character, is CORRECT?
[A] The judge should give the jury directions regarding Wilson’s propensity to commit offences
and his credibility.
[B] The judge should only give the jury a direction regarding Wilson’s propensity to commit
offences.
[C] No direction should be given.
[D] The judge should only give the jury a direction on Wilson’s credibility.
Answer: [A] is correct. Since the defendant is of good character and relies on his pre-trial
explanations given in interview, the judge should give him the full good character direction.
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,Question 2
Cheryl Barnard and Chris Sandwell are being tried for burglary. Barnard has unspent
convictions for theft, robbery and possession of controlled drugs. Sandwell has one spent
conviction, from 1986, for driving without insurance. Counsel for Sandwell wants to put him
forward as a man of good character.
Which one of the following statements is CORRECT?
[A] Sandwell cannot be put forward as a man of good character because he is being tried
alongside someone of bad character.
[B] Sandwell cannot be put forward as a man of good character because he has a previous
conviction.
[C] The trial judge may allow Sandwell to put himself forward as a man of effective good character,
provided that the jury are not misled about his past.
[D] Sandwell is entitled as of right to put himself forward as a man of good character.
[C is CORRECT: the trial judge has a discretion to allow Sandwell to put himself forward as a
man of good character BUT if this is to be done, the jury must be made aware of his previous
conviction]
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, Question 3
Which one of the following is NOT a ‘gateway’ through which evidence of a defendant’s bad
character can be adduced?
[A] Where all parties agree to the evidence being admissible.
[B] Where he/she is guilty of misconduct in connection with the investigation of the offence.
[C] Where the evidence is necessary to correct a false impression given by him/her.
[D] Where he/she has made an attack on another person’s character.
[B is an incorrect statement and therefore the CORRECT answer – there is no
corresponding gateway in section 101. Section 98 CJA 2003 puts misconduct in connection
with the investigation or prosecution of the offence outside the definition of bad character.]
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ANSWERS
Bar Professional
Question 1
Ben Wilson is charged with robbery. After arrest he was interviewed. In interview he claimed
that it was a case of mistaken identification. At trial, the prosecution adduce evidence of
Wilson’s interview. The prosecution also concede that Wilson is a man of good character.
Wilson does not give evidence, but in her closing speech defence counsel reminds the jury of
what Wilson said in interview.
Which one of the following statements, concerning the trial judge’s direction to the jury on Wilson’s
character, is CORRECT?
[A] The judge should give the jury directions regarding Wilson’s propensity to commit offences
and his credibility.
[B] The judge should only give the jury a direction regarding Wilson’s propensity to commit
offences.
[C] No direction should be given.
[D] The judge should only give the jury a direction on Wilson’s credibility.
Answer: [A] is correct. Since the defendant is of good character and relies on his pre-trial
explanations given in interview, the judge should give him the full good character direction.
P a g e 1 | 22
,Question 2
Cheryl Barnard and Chris Sandwell are being tried for burglary. Barnard has unspent
convictions for theft, robbery and possession of controlled drugs. Sandwell has one spent
conviction, from 1986, for driving without insurance. Counsel for Sandwell wants to put him
forward as a man of good character.
Which one of the following statements is CORRECT?
[A] Sandwell cannot be put forward as a man of good character because he is being tried
alongside someone of bad character.
[B] Sandwell cannot be put forward as a man of good character because he has a previous
conviction.
[C] The trial judge may allow Sandwell to put himself forward as a man of effective good character,
provided that the jury are not misled about his past.
[D] Sandwell is entitled as of right to put himself forward as a man of good character.
[C is CORRECT: the trial judge has a discretion to allow Sandwell to put himself forward as a
man of good character BUT if this is to be done, the jury must be made aware of his previous
conviction]
P a g e 2 | 22
, Question 3
Which one of the following is NOT a ‘gateway’ through which evidence of a defendant’s bad
character can be adduced?
[A] Where all parties agree to the evidence being admissible.
[B] Where he/she is guilty of misconduct in connection with the investigation of the offence.
[C] Where the evidence is necessary to correct a false impression given by him/her.
[D] Where he/she has made an attack on another person’s character.
[B is an incorrect statement and therefore the CORRECT answer – there is no
corresponding gateway in section 101. Section 98 CJA 2003 puts misconduct in connection
with the investigation or prosecution of the offence outside the definition of bad character.]
P a g e 3 | 22
