what is bad character eviedence
evidence of a persons bad character which has to do with the alleged facts of the offence with which d is charged or evidence of misconduct in connection with investigation or prosecution of that offence
can previous acquittals and convictions be brought up
yes- pros are open to assert that d did commit offences that they were previously convicted of
what evidence is excluded from BC
anything which has to do with the alleged facts of offence, or is committed in conenction with the investigation or pros of that offence
what are the gateways for bad character evidence to be admitted
A- agreement
B- blurts out
C- context
D- done it before
E- E did it
F- False impression
G- gets at the witness
BC- agreement
when parties agree to evdience being admissable - no formal requirements
BC- blurts it out
allows d to introduce evidence of their own bc (ie to come clean, to show that they haven’t been convicted of this type of offence, to show bias etc)
leave of court not required to adduce evidence this way
BC- context (important explanatory evidence)
can only be adduced where without it the court/jury would find it impossible to udnerstand the value and its value is substantial for understanding the case
leave of court required
BC- done it before
only used in sexual offences under 16 and theft offences
meant to show a propensity to commit offences of the kind with wihch D is charged
leave of court required
BC- E did it
important matter in issue between d and co d
BC- correcting a false impression
if d gives a false impression evidence can be adduced to correct this
leave of court required
BC- Get the witness
where d has made an attack on another persons character
what must jury be directed re BC evidence
made clear that the weight to be placed on the evidence is a matter for them
they should not conclude that d was guilty or untrhuful because D had previous convictions and a propensity is not enough to show that d committed the offence alleged in this case
when is BC evidence admissiable for a person other than d
if it is important explanatory evidence, it has substantial probative value in relation to a matter which (is a matetr in issue in the proceedings and is of substantial importance in the context of the case as whole) or all parties agree to evidence being admissible
when can court exclude BC evidence
if it would have such an adverse effect on the fairness of proceedings that the court ought not to admit it
what are the time limtis for d BC
pros- mags not more than 20 business days after d pleads NG
cc- not more than 10 business days after d pleads NG
codefs- as soon as reasonably practicable and not mroe than 10 business days after the pros dicsloses material on which notice is based
resposne- not more than 10 business days after service of the notice
what must be included in d BC
pros ev and co def ev- set out facts on which they rely, explain how they will prove those facts, if another party disputes them and explain why the evidence is admissible
response- set out which facts they dispute, what they want to admit instead, why ev is not admissible, why it would be unfair to admit and any other objection
what are the time limtis for non d BC
mags and cc- as soon as reasonably practicable and not more than 10 business days after pros discloses material on which app is based
response- not more than 10 business days after service of the application
when can applications to exclude evidence or introduce otherwise inadmissible evidence be dealt with?
the PTPH (rare), at hearing on a day at some poitnt between PTPH and trial or on the day of trial before trial starts (most common)
who is eligible to apply for special measures?
all witnesses under 18 at time of trial, witnesses who have a mental disorder etc, witnesses who are in fear or distress about giving evidence and the court is satisfied that quality of evidence will be diminshed, all adult complainants of sexual offences, all adult complainants in certain modern slavery, all witnesses in a relevant eoffence ie serious offences
when can live link be approved for vulnerable defs
court is satisfied that it would be in interests of justice and the live link would improve evidence because either they are under 18 or over 1 and has mental disorder
what is the test for party seeking witness summons
the witness is likely to be able to give evidence that is likely to be material evidence and it is in the interests of justice to issue a summons
what are the two most common scenarios where someone can change plea from G to NG
d can show that pros has no evidence of an essential ingreident of offence or d was improperly placed under undue pressure to plead guilty or was materially misadvised by d’s legal team
