Week 3- Evidence of Bad Character
Civil proceedings:
O’Brien v Chief Constable of South Wales Police [2005] UKHL 26 [53] per Lord Phillips: ‘I
would simply apply the test of relevance as the test of admissibility of similar fact evidence
in a civil suit.’
The bad character provisions of the Act were controversial and brought into force earlier
than anticipated; R v Bradley 2005 EWCA Crim 20 (29)
Definition of evidence of ‘Bad Character’ in CJA 2003:
‘evidence of, or a disposition towards, misconduct…, other than evidence which has to do
with the alleged facts of the offence with which the defendant is charged, or (b) is evidence
of misconduct in connection with the investigation or prosecution of that offence’: s 112
What is ‘reprehensible behaviour’?
‘as a matter of ordinary language, the word ‘reprehensible’ carries with it some element of
culpability or blameworthiness: R v Renda 2005
R v Manister, consolidated with R v Weir 2005
R V Hall-Chung 2007
R v Osbourne 2007
R v Norris 2013
Evidence of bad character of defendant; the 7 ‘gateways’
S 101(1):
In criminal proceedings evidence of the defendant’s bad character is admissible if, but only if
—
(a) all parties to the proceedings agree to the evidence being admissible,
(b) the evidence is adduced by the defendant himself or is given in answer to a question
asked by him in cross-examination and intended to elicit it,
(c) it is important explanatory evidence,
(d) it is relevant to an important matter in issue between the defendant and the
prosecution,
(e) it has substantial probative value in relation to an important matter in issue between
the defendant and a co-defendant,
(f) it is evidence to correct a false impression given by the defendant, or
(g) the defendant has made an attack on another person’s character.
Civil proceedings:
O’Brien v Chief Constable of South Wales Police [2005] UKHL 26 [53] per Lord Phillips: ‘I
would simply apply the test of relevance as the test of admissibility of similar fact evidence
in a civil suit.’
The bad character provisions of the Act were controversial and brought into force earlier
than anticipated; R v Bradley 2005 EWCA Crim 20 (29)
Definition of evidence of ‘Bad Character’ in CJA 2003:
‘evidence of, or a disposition towards, misconduct…, other than evidence which has to do
with the alleged facts of the offence with which the defendant is charged, or (b) is evidence
of misconduct in connection with the investigation or prosecution of that offence’: s 112
What is ‘reprehensible behaviour’?
‘as a matter of ordinary language, the word ‘reprehensible’ carries with it some element of
culpability or blameworthiness: R v Renda 2005
R v Manister, consolidated with R v Weir 2005
R V Hall-Chung 2007
R v Osbourne 2007
R v Norris 2013
Evidence of bad character of defendant; the 7 ‘gateways’
S 101(1):
In criminal proceedings evidence of the defendant’s bad character is admissible if, but only if
—
(a) all parties to the proceedings agree to the evidence being admissible,
(b) the evidence is adduced by the defendant himself or is given in answer to a question
asked by him in cross-examination and intended to elicit it,
(c) it is important explanatory evidence,
(d) it is relevant to an important matter in issue between the defendant and the
prosecution,
(e) it has substantial probative value in relation to an important matter in issue between
the defendant and a co-defendant,
(f) it is evidence to correct a false impression given by the defendant, or
(g) the defendant has made an attack on another person’s character.
