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Questions and Answers
What is the main consideration for admitting evidence of bad character in a gateway (b) situation?
What is the main consideration for admitting evidence of bad character in a gateway (b) situation?
Under what conditions can explanatory evidence be admitted in a trial?
Under what conditions can explanatory evidence be admitted in a trial?
What does the Crown Court Compendium state regarding minor bad character evidence?
What does the Crown Court Compendium state regarding minor bad character evidence?
What is a potential challenge in cross-examination concerning bad character evidence?
What is a potential challenge in cross-examination concerning bad character evidence?
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What does section 101(1)(c) imply about evidence that requires a 'footnote or lexicon'?
What does section 101(1)(c) imply about evidence that requires a 'footnote or lexicon'?
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In which situations may background evidence be necessary during a trial?
In which situations may background evidence be necessary during a trial?
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Which of the following is a characteristic of 'explanatory' evidence?
Which of the following is a characteristic of 'explanatory' evidence?
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How should juries be directed regarding evidence that does not favor the defendant's case?
How should juries be directed regarding evidence that does not favor the defendant's case?
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Which condition allows for the admissibility of the defendant's bad character evidence without the need for agreement between parties?
Which condition allows for the admissibility of the defendant's bad character evidence without the need for agreement between parties?
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Under what circumstance can evidence of bad character be admitted if it relates to another defendant?
Under what circumstance can evidence of bad character be admitted if it relates to another defendant?
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Which situation would NOT typically justify the admission of bad character evidence?
Which situation would NOT typically justify the admission of bad character evidence?
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What must the court consider regarding time when determining the admissibility of bad character evidence?
What must the court consider regarding time when determining the admissibility of bad character evidence?
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In which of the following scenarios would an attack on another person's character by the defendant potentially lead to admissible bad character evidence?
In which of the following scenarios would an attack on another person's character by the defendant potentially lead to admissible bad character evidence?
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What is a potential consequence of admitting evidence under subsection (1)(d) or (g) relating to fairness in proceedings?
What is a potential consequence of admitting evidence under subsection (1)(d) or (g) relating to fairness in proceedings?
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What role does tacit agreement play in the admission of bad character evidence?
What role does tacit agreement play in the admission of bad character evidence?
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Which type of evidence is NOT considered as a gateway for admitting the defendant's bad character?
Which type of evidence is NOT considered as a gateway for admitting the defendant's bad character?
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Which section of the law requires evidence to meet a high probative value to be admitted?
Which section of the law requires evidence to meet a high probative value to be admitted?
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What happens if the conditions of s. 100 are fulfilled?
What happens if the conditions of s. 100 are fulfilled?
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Why might evidence regarding a defendant's bad character be excluded?
Why might evidence regarding a defendant's bad character be excluded?
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What is required for evidence to be admitted when parties do not agree?
What is required for evidence to be admitted when parties do not agree?
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What is a consequence of a strict reading of gateways in trials?
What is a consequence of a strict reading of gateways in trials?
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What type of evidence does s. 101(1)(e) concern?
What type of evidence does s. 101(1)(e) concern?
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Which of the following describes the standard of probative value needed under s. 100?
Which of the following describes the standard of probative value needed under s. 100?
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What is necessary when a judge rules on evidence absent agreement among parties?
What is necessary when a judge rules on evidence absent agreement among parties?
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What is the implication of bad character evidence in relation to identification in court?
What is the implication of bad character evidence in relation to identification in court?
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When an accused faces multiple charges in the same proceedings, how do bad character provisions apply?
When an accused faces multiple charges in the same proceedings, how do bad character provisions apply?
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For evidence of bad character to support one charge, what is required concerning other similar allegations?
For evidence of bad character to support one charge, what is required concerning other similar allegations?
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What happens if the prosecution does not notify about the intention to use bad character evidence?
What happens if the prosecution does not notify about the intention to use bad character evidence?
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What is the significance of a 'gateway' in the context of cross-admissibility of bad character evidence?
What is the significance of a 'gateway' in the context of cross-admissibility of bad character evidence?
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If a judge decides to leave cross-admissibility to the jury late in proceedings, what is likely to happen?
If a judge decides to leave cross-admissibility to the jury late in proceedings, what is likely to happen?
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Regarding circumstantial evidence linking an accused to a gang, what is its legal status?
Regarding circumstantial evidence linking an accused to a gang, what is its legal status?
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What are the conditions under which bad character evidence may be used in multiple charge proceedings?
What are the conditions under which bad character evidence may be used in multiple charge proceedings?
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What is the preferred approach regarding the use of evidence of an accused's previous convictions by prosecutors?
What is the preferred approach regarding the use of evidence of an accused's previous convictions by prosecutors?
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Under what condition does a court lack discretion regarding the exclusion of evidence?
Under what condition does a court lack discretion regarding the exclusion of evidence?
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What is discouraged by the Court of Appeal concerning applications to admit bad character evidence?
What is discouraged by the Court of Appeal concerning applications to admit bad character evidence?
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What is required from an accused when they wish to introduce their own bad character evidence?
What is required from an accused when they wish to introduce their own bad character evidence?
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What can be inferred about the questioning of a defense witness regarding the accused's past behavior?
What can be inferred about the questioning of a defense witness regarding the accused's past behavior?
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What specific procedural action is mandated for introducing bad character evidence according to the guidelines?
What specific procedural action is mandated for introducing bad character evidence according to the guidelines?
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What is a collective aim of caution and admissibility rules regarding bad character evidence?
What is a collective aim of caution and admissibility rules regarding bad character evidence?
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If a witness denies being pressured to provide false evidence, what is likely protocol regarding past violence questioning?
If a witness denies being pressured to provide false evidence, what is likely protocol regarding past violence questioning?
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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.