GATEWAYS

Question 1

GATEWAY 101?

Answer 1

Evidence of a defendant’s bad character may be raised at trial through one or more of the gateways

Bad character cannot itself prove guilt alone, there must be other evidence to substantiate the pros. case BEFORE mags or jury can take into account bad character

Question 2

GATEWAY 1/A?

Answer 2

(a) all parties to the proceedings agree to the evidence being admissible

Question 3

GATEWAY 2/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

Answer 3

Defendant brings it up themselves to say they’re bad but not THAT kind of bad

Question 4

GATEWAY 3/C - it is important explanatory evidence

Answer 4

Prosecution can bring this up in extreme cases to give background as to their case

like convicting a murderer of also being a pedophile, context as to them watching child pornography

Question 5

GATEWAY 4/D - it is relevant to an important matter in issue between the defendant and the prosecution

Answer 5

Most common, only used by prosecution

prove this with propensity to commit this kind of crime or be untruthful

Question 6

GATEWAY 5/E - it has substantial probative value in relation to an important matter in issue between the defendant and a co- defendant

Answer 6

D can use evidence against co-D, to say they have propensity to commit this kind of crime or be untruthful

Question 7

GATEWAY 6/F - it is evidence to correct a false impression given by the defendant

Answer 7

Only the prosecution can use this

It applies when the defendant has given a false impression to the court or jury

i.e., misleading them

Question 8

GATEWAY 6/F - it is evidence to correct a false impression given by the defendant

PART 2

Answer 8

A defendant is considered responsible for a false impression if it comes from something said:

• in court or in a defence statement
• to the police during questioning or after being charged
• by witness they call to give evidence or they cross-examine to get a certain answer
• outside court that the defendant then uses in the proceedings.

Question 9

GATEWAY 7/G - the defendant has made an attack on another person’s character.

Answer 9

allows theprosecution ONLY to use the defendant’s past convictions if the defendant attacks someone else’s character.

• The attack can be on a witness, someone dead, or not a witness
• The attack can happen before trial, e.g., during police questioning or in a defence statement.

attack = they committed an offence or behaved reprehensibly

Question 10

The court has no power under the provisions of the CJA 2003 to exclude bad character evidence admitted under any gateway other than

Answer 10

(d) it is relevant to an important matter in issue between the defendant and the prosecution

(g) the defendant has made an attack on another person’s character.

Note that the crown court ONLY can order acquittal or retrial if bad character evidence is contaminated

Question 11

When might contamination occur, and what happens if so?

Answer 11

• Contamination may occur if witnesses have colluded in order to fabricate evidence of the defendant’s bad character.
• Section 107 does not apply to trials in the magistrates’ court

judge in the Crown Court either to direct the jury to acquit the defendant, or to order a retrial in circumstances

Question 12

What is the procedure of admitting evidence of bad character?

Answer 12

1. Notice of intention to do this must be given both to the court and to the other parties in the case
2. Prescribed form must be used, with a written record of the previous convictions being relied on attached
   
   • court will impose time limits in which fill this form

Question 13

What is the procedure of opposing use of evidence of bad character?

Answer 13

the defendant must apply to the court for such evidence to be excluded.

• The application must be sent both to the court and to the other parties in the case.
• There are time limits

Question 14

What are the 3 instances you argue for bad character of a third party?

Answer 14

1. important explanation evidence
2. all parties agree to use it
3. probative value, i.e., can prove the third party witness is fabricating or invovled themselves, and their background/past convictions show this

Question 15

Time limits to serve and object to notices of bad character use?

Answer 15

CPS using = 20 business days
objection = 10 business days

Using for non-defendant = 10 business days
Objection by non-defendant = 10 business days