A witness is supposed to be truthful and possess the disposition to tell the truth. Name whether dsp or codefendant name of defendantappellants name of judge advocate where appointed section 101 of the criminal justice act 2003. More able to predict recurrence propensity in the case of more extreme crimes. In criminal cases, a defendant might attempt to reduce the possibility that he or she will be. The only qualification to the abolition of the common law rules is in section 99 2 which, for the purposes of bad character evidence, allows for proof of a persons bad character by the calling of evidence as to his reputation. There are two strands to the challenge to the decision to admit the bad character evidence. This practice note examines the admissibility of bad character evidence for the purposes of proving a propensity to be untruthful. It covers the defendants bad character and excluding evidence of the defendants bad character.
The criminal justice act 2003 brings in radical changes by abolishing the common law rules governing the admissibility evidence of bad character in criminal trials. The act also makes provision for the accused to rely on the bad character of other persons i. The criminal justice act 2003 introduces very radical changes to the law relating to the admission of evidence of the accuseds bad character. The admissibility of bad character evidence in criminal proceedings is governed by. The procedure in the case of nondefendants bad character is for the defence to complete a form called bc1 see the new criminal procedure rules pt 35. In encouraging defence applications to adduce sexual history evidence albeit implicitly, the law is risking discouraging complainants from reporting cases to the police and supporting prosecutions.
Evidence of bad character not amounting to an offence 8. These rules amend the crown court rules northern ireland rules 1979 the principal rules to prescribe the procedure relating to applications to adduce evidence of bad character under part ii of the criminal justice evidence northern ireland order 2004. The same is true if the crown wish to adduce the defendants character. Motive, intent, identity, and absence of mistake under drew by jamison koehler on february 23, 20. Prosecution applications to adduce bad character evidence as being relevant to an important matter in issue between the prosecution and the defence and should not be made as a. In general, under evidence code 1101, socalled character evidence is not admissible in a california criminal jury trial to show that a person acted in accordance with hisher character on a particular occasion. The personal knowledge rule of the federal rules of evidence requires witnesses to testify only on information they received or witnessed firsthand. Evidence of bad character practice and procedure it is clear that evidence of bad character will play a much greater role in investigations in the future and is likely to form an essential part of the evidence against a defendant as bad character is relevant to credit as well as to the issue of guilt. Character evidence can also be used in order to shake the veracity of the witnesses. Normally, the honesty of a witness is presumed and the witness is not allowed to adduce evidence of.
Formssubstituted forms of notice of intention to apply for certain behav. Section 34p5 gave the court discretion to dispense with the above requirement. Evidence about ds character in criminal case is admissible to show he possesses a character trait inconsistent w the crime charged, but must pass through two doors usually only defendant can open them rule. Application for leave to adduce evidence of the bad character of a nonappellant. Civil evidence jersey law 2003 article 1 revised edition 1 january 20 page 5 04. Section 98 defines the sort of evidence whose admissibility is to be determined under the new statutory scheme. The amendment to rule 404b adds a pretrial notice requirement in criminal cases and is intended to reduce surprise and promote early resolution on the issue of admissibility.
Section 1011 provides seven possible gateways through which evidence of a defendants bad character is admissible. The issue to be determined is whether the prosecution admits badcharacter evidence of dan d, aida a and brian b respectively and it is necessary to examine as to whether each piece of evidence is met with the definition of badcharacter evidence. Neither is the prosecution allowed to cross examine witness for the defense with a view of eliciting such evidence. Criminal justice act 2003 explanatory notes legislation. Admissibility of a defendants previous criminal record. A character witness is an individual who testifies as to the habits and reputation of another person. The particulars of that bad character evidence are as follows. Such evidence of good or bad character, is confined to evidence of general reputation. State calls witness shady hood to testify about previous instances in which defendant bought, sold, and used drugs. In the central criminal court v terrence hughes colin. Good character evidence and trial preparation vhs fletchers.
Section 111 makes provision for rules of court to be drawn up to require the prosecution and a codefendant to give notice of their intention to adduce evidence of a defendants bad character or elicit such evidence from a witness. Canadian criminal evidencecharactercharacter of accused. What this often means for a criminal defendant is that the prosecutor may not introduce evidence of bad acts you committed in. Crown applied for leave to adduce this incident as evidence of bad character. Bad character evidence royal commission into institutional. Character evidence plays an important role in almost all jurisdictions.
The criminal justice act 2003 do the bad character. Robinson, r on the application of v sutton coldfield. Bad character evidence edit the crown is prohibited from adducing evidence of extrinsic misconduct of the accused. Adducing evidence of a defendants bad character in chief. A party who wants to introduce evidence of a defendants bad character must comply with the procedural requirements, including the giving of notice in the prescribed. A party producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but if the witness, in the opinion of the court. Notice to introduce evidence of a defendants bad character. Psychological studies redmayne past misconduct is contextdependant. Aint nothing special by rich klarman rich klarman is a private tutor based in ann arbor, michigan. Over the years the law has evolved and the applicability of character evidence to civil and criminal cases has become limited.
Character evidence in california criminal trials evidence. The defence can apply to have the evidence excluded under section 10 where it is. This is, however, mainly in the context of bad character rather than good character. The mercy rule allows defendants to actually testify and have others testify to their own personal good character. Application to exclude evidence of a defendants bad character, crimpr 21. Evidence of a witnesss bad character did not have to amount to proof of a lack of credibility on the part of the witness. Under section 98 of the criminal justice act 2003, evidence of a persons bad character. Under s 99 the criminal justice act 2003 cra 2003, evidence of bad character is defined as evidence of or disposition towards, misconduct. It is often the case that the prosecution will try to put previous convictions before a jury to persuade them of the defendants guilt. Available formats pdf please select a format to send. You can object on this ground under section 10 of the criminal justice act 2003 only if the notice gives as grounds for admitting the evidence i that it is relevant to an important matter in issue between you and the prosecution, or ii that you have made an attack on another persons character. Proof or attestations about an individuals moral standing, general nature, traits, and reputation in the general community. The term misconduct is further defined in section 112 as the commission of an offence. Bad character evidence the crown prosecution service.
The law society has criticised the unrealistic time frames for the notification of bad character applications and the fact that the rules fail to take account of the reality ofproceedings in the. Section 666 permits the crown to adduce evidence of bad character to rebut the good character evidence. The court cannot exclude evidence of bad character of its own motion after the prosecution has served notice that it intends to adduce evidence. The crown wishes to adduce the defendants previous. Evidence of character kenya the kenyan legal scholar. It cannot be used as directly relevant to the issue of guilt see, e. The criminal justice act 2003 represents an attempt by parliament to completely overhaul the framework in which prior criminal convictions and other bad character evidence can be admitted during a criminal trial. Character evidence generally will not be allowed based upon both federal and state laws governing character evidence unless it is highly relevant to court proceedings. The pre2003 common law system was based on an overriding reluctance to admit evidence of a defendants previous criminal record.
The character of persons has been used in order to determine guilt for centuries. The crown wishes to adduce the defendants previous convictions as being relevant to an important matter in issue between the prosecution and the defence under. Bad character and hearsay evidence corporate crime. Canada evidence act 501 kb act current to 20200305 and last amended on 20190712. The party seeking to adduce evidence of a defendants bad character must give notice under crim pr 35. The definition covers evidence of, or of a disposition towards, misconduct.
Evidence adduced or elicited by the defendant section 1011b. It is accordingly to be hoped that prosecution applications to adduce such evidence will not be made routinely, simply because a defendant has previous convictions, but will be based on the particular circumstances of each case. Towards the end of the prosecution case i heard argument on friday 21st november on the prosecutions application to adduce bad character evidence against hughes and tribelnig. When a court was assessing the probative value of the evidence of bad character of a witness in criminal proceedings, in accordance with the provisions of section 100 of the criminal justice act 2003, among the factors relevant to the admissibility judgment, the court should consider whether the admission of such evidence might make it. Mcminn 2007 ewca crim 3024, 5, the question whether bad character evidence should or should not be admitted pursuant to section 1011d of the criminal justice act 2003 is essentially for the judgment of the trial judge. Then in criminal proceedings we are looking at the character of the. Is evidence of bad character admissible in criminal trials.
Evidence of character in civil and criminal proceedings. Previous bad character not relevant except in reply. The evidence of bad character is an interesting area which have often been brought up by academician and judges like professor hoffman to its disputable and uncertainty of status, and so it have been describe as a law which is complex, unprincipled and riddled with anomalies by professor adrian keane. Dpp v boardman where bad character evidence is the only evidence, its probative value is nil. If, therefore, the facts or account to which the bad character evidence relates are. Notice to introduce evidence of a defendants bad character 21. The question is whether this is admissible as it could considerably damage the defendants reputation and credibility if they considered to be of bad character.
The crown court amendment rules northern ireland 2005. The purpose of the bad character provisions is to assist in the evidence based conviction of the guilty without putting the innocent at risk of conviction by prejudice. If defendant opens door to his character evidence, then p can rebut w character evidence. In the central criminal court v terrence hughes colin kaler. The bad character of nondefendants bloomsbury professional. The evidence of character refers to evidence which tends to show that a particular witness is of a good or bad character. Your honor, he has been a drug dealer for years and we are offering this to show his character as being a drug dealer. You are hereby given notice that bad character evidence, particulars of which are detailed below, is to be adduced or elicited in these proceedings.
By vida simpeh the criminal justice act 2003 makes provision to allow the prosecution or a codefendant to rely on the bad character of the accused as evidence to prove either the defendants guilt or untruthfulness. This question is concern with rules relating to the admissibility of defendants bad character and also the fairness of the changes made by cja 2003. The issue to be determined is whether the prosecution admits bad character evidence of dan d, aida a and brian b respectively and it is necessary to examine as to whether each piece of evidence is met with the definition of bad character evidence. In sum, the administration of justice is being adversely affected. Character evidence legal definition of character evidence. Ruling on prosecution application to adduce evidence of bad character decision 24. What is character evidence and when can it be used. The law society has criticised the unrealistic time frames for the notification of bad character applications and the fact that the rules fail to take account of the reality ofproceedings in the magistrates courts, where large numbers. The notice requirement thus places rule 404b in the mainstream with notice and disclosure provisions in other rules of evidence. Further law reform is, therefore, urgently required. The material which the prosecution seek to adduce is set out with precision in the bad character notice dated 2nd november at paragraph 15, and in the prosecution skeleton argument dated 20th november at paragraph 4.
First, as is acknowledged by the interested party the cps, there was a failure to comply with the rules as to the time for service of notice to adduce evidence of bad character, and it is submitted that the court ought not to have extended time. Regina v hanson 2005 ewca crim 824 england and wales. For example, a persons history of speeding tickets is much more relevant if they are charged with vehicular manslaughter, than if they are charged with shoplifting. Complete the boxes above and give the details required in the boxes below. Bad character evidence which indicates the defendants propensity for lying is potentially admissible under section 1011d of the criminal justice act 2003.
Exclusion of bad character evidence the court cannot exclude evidence of bad character of its own motion after the prosecution has served notice that it intends to adduce evidence of bad character. The law of evidence and the rule of law the cambridge. Typically, prosecutors cannot enter bad character evidence. Bad character and hearsayoverview lexispsl, practical. Part of the reason for the general acceptance of the changes was that s 34p4 required that a party seeking to adduce evidence of bad character give reasonable notice in writing to each other party in the proceedings. The law of evidence and the rule of law the cambridge law. In this regard the law commission reports on bad character in 2002. Use form to give notice to introduce evidence of a defendants bad character criminal procedure rules rule 21. At common law, bad character evidence can only be used to negate evidence of good character. At common law as well as under the evidence act, the general rule is that the prosecution is not allowed to adduce evidence of the accuseds bad character. At first glance, the evidence act 2008 appears to make bad character evidence admitted under s110 usable for tendency. Motive, intent, identity, and absence of mistake under drew.