Criminal Law: Admissibility of Bad Character Evidence

Questions and Answers

What is the main consideration for admitting evidence of bad character in a gateway (b) situation?

It serves to amplify the prosecution's case.

It provides a reason for the jury to ignore other evidence.

It may negatively impact the defendant's credibility. (correct)

It enhances the defendant's credibility.

Under what conditions can explanatory evidence be admitted in a trial?

When it assists in understanding other evidence substantially. (correct)

When the jury already has background information.

When it requires external clarification.

When it is not relevant to the offense.

What does the Crown Court Compendium state regarding minor bad character evidence?

It can only be admitted if it clarifies the defendant's background. (correct)

It allows speculation on the defendant's character.

It must always be presented to the jury.

It should be excluded to protect the defendant's rights.

What is a potential challenge in cross-examination concerning bad character evidence?

It can create bias against the defendant. Signup and view all the answers

What does section 101(1)(c) imply about evidence that requires a 'footnote or lexicon'?

It may not enhance understanding significantly. Signup and view all the answers

In which situations may background evidence be necessary during a trial?

If it helps place the alleged offense in context. Signup and view all the answers

Which of the following is a characteristic of 'explanatory' evidence?

It is essential for resolving certain legal ambiguities. Signup and view all the answers

How should juries be directed regarding evidence that does not favor the defendant's case?

They should consider the broader implications. Signup and view all the answers

Which condition allows for the admissibility of the defendant's bad character evidence without the need for agreement between parties?

If it is evidence to correct a false impression given by the defendant Signup and view all the answers

Under what circumstance can evidence of bad character be admitted if it relates to another defendant?

If it has substantial probative value regarding an important matter Signup and view all the answers

Which situation would NOT typically justify the admission of bad character evidence?

The evidence appeals to the emotions of the jury Signup and view all the answers

What must the court consider regarding time when determining the admissibility of bad character evidence?

The length of time between the events and the charged offense Signup and view all the answers

In which of the following scenarios would an attack on another person's character by the defendant potentially lead to admissible bad character evidence?

When the defendant’s attack raises questions about the credibility of witnesses Signup and view all the answers

What is a potential consequence of admitting evidence under subsection (1)(d) or (g) relating to fairness in proceedings?

Evidence may be excluded if it significantly impacts fairness Signup and view all the answers

What role does tacit agreement play in the admission of bad character evidence?

It can suggest that evidence was accepted as valid even if not explicitly agreed upon Signup and view all the answers

Which type of evidence is NOT considered as a gateway for admitting the defendant's bad character?

Evidence offered to support a character reference from the defendant Signup and view all the answers

Which section of the law requires evidence to meet a high probative value to be admitted?

s. 100 Signup and view all the answers

What happens if the conditions of s. 100 are fulfilled?

Admission of evidence is obligatory without any discretion. Signup and view all the answers

Why might evidence regarding a defendant's bad character be excluded?

It could prejudice a co-accused. Signup and view all the answers

What is required for evidence to be admitted when parties do not agree?

The court must grant leave. Signup and view all the answers

What is a consequence of a strict reading of gateways in trials?

It promotes fairness and reduces unnecessary issues. Signup and view all the answers

What type of evidence does s. 101(1)(e) concern?

Evidence regarding a co-accused's conduct. Signup and view all the answers

Which of the following describes the standard of probative value needed under s. 100?

It must be substantially high compared to mere relevance. Signup and view all the answers

What is necessary when a judge rules on evidence absent agreement among parties?

Judgment rather than discretion. Signup and view all the answers

What is the implication of bad character evidence in relation to identification in court?

It is admissible even without similarity to present offenses. Signup and view all the answers

When an accused faces multiple charges in the same proceedings, how do bad character provisions apply?

They apply as if each charge was handled in a single proceeding. Signup and view all the answers

For evidence of bad character to support one charge, what is required concerning other similar allegations?

Evidence from one accuser may support the evidence from another. Signup and view all the answers

What happens if the prosecution does not notify about the intention to use bad character evidence?

The accused is entitled to have the evidence deemed inadmissible. Signup and view all the answers

What is the significance of a 'gateway' in the context of cross-admissibility of bad character evidence?

It facilitates cross-admissibility between charges in the same proceedings. Signup and view all the answers

If a judge decides to leave cross-admissibility to the jury late in proceedings, what is likely to happen?

The late decision allows no opportunity for counsel's closing addresses. Signup and view all the answers

Regarding circumstantial evidence linking an accused to a gang, what is its legal status?

It serves to suggest links but is not conclusive of membership. Signup and view all the answers

What are the conditions under which bad character evidence may be used in multiple charge proceedings?

Under specific circumstances where similar offenses are charged. Signup and view all the answers

What is the preferred approach regarding the use of evidence of an accused's previous convictions by prosecutors?

Prosecutors should take the circumstances of each case into account before applying. Signup and view all the answers

Under what condition does a court lack discretion regarding the exclusion of evidence?

Once the conditions for exclusion are satisfied. Signup and view all the answers

What is discouraged by the Court of Appeal concerning applications to admit bad character evidence?

Informal applications to admit such evidence. Signup and view all the answers

What is required from an accused when they wish to introduce their own bad character evidence?

Notice should be given promptly before introducing the evidence. Signup and view all the answers

What can be inferred about the questioning of a defense witness regarding the accused's past behavior?

Such questioning can prejudge the accused’s character even without a proper application. Signup and view all the answers

What specific procedural action is mandated for introducing bad character evidence according to the guidelines?

A written application as outlined in the CrimPR. Signup and view all the answers

What is a collective aim of caution and admissibility rules regarding bad character evidence?

To provide clarity and prevent prejudicial outcomes. Signup and view all the answers

If a witness denies being pressured to provide false evidence, what is likely protocol regarding past violence questioning?

Such questions should only be asked after formal application. Signup and view all the answers

Study Notes

Admissibility of Bad Character Evidence

Bad character evidence of the defendant is admissible in criminal proceedings under specific conditions.
Agreement among all parties allows for admissibility of bad character evidence.
Evidence can be introduced by the defendant themselves or arises during cross-examination aimed at bringing it forth.
Crucially explanatory evidence is deemed admissible if it significantly enhances understanding of the case.
Relevance of evidence to an important issue between defendant and prosecution is necessary for admissibility.
Substantial probative value concerning critical matters is a key factor for admissibility between a defendant and co-defendant.
Evidence to correct a false impression given by the defendant can be admitted.
If the defendant attacks another's character, that evidence may also be admissible.
Courts must consider the fairness of proceedings and may exclude evidence if its admission would adversely affect this fairness.

Important Principles for Evidence Admissibility

The test for substantial probative value differs from relevance criteria under gateway provisions.
Meeting conditions for evidence admissibility leaves no residual discretion for judges to refuse evidence.
Court permission is always required to admit evidence unless parties mutually agree to its admission.
Judicial rulings on whether evidence should be admitted must be based on judgment, not personal discretion.
High standards of probative value must align with fairness considerations, despite general expectations of admission.

Explanatory Evidence

Explanatory evidence is essential for understanding the overall context of the case and is significant for jury comprehension.
Evidence that does not enhance understanding but can stand alone does not qualify as explanatory under section 101(1)(c).
Background information leading to the commission of an alleged offence may include bad character evidence if it is necessary to comprehend the case.

Handling Multiple Charges

Provisions governing bad character evidence apply separately for each charge, as though they were distinct legal proceedings.
In cases of multiple similar charges, evidence from one accuser may support additional accusations.
If no application is made to utilize such evidence, a defendant may rightly expect exclusion from consideration.

Procedures for Adducing and Opposing Evidence

Notice requirements apply to parties seeking to introduce bad character evidence, including cross-admissibility.
Written or oral notice must be provided as soon as practical before the evidence is presented.
Informal admissions are discouraged; all applications should follow formal procedures under criminal procedure rules.
Any evidence introduced without prior application may lead to exclusion regardless of its potential impact on the case.

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Description

Explore the admissibility of evidence regarding a defendant's bad character in criminal proceedings. This quiz focuses on the conditions under which such evidence can be introduced, including agreement by parties and its relevance. Test your knowledge of the rules governing the introduction of bad character evidence.