BPTC Law Notes BPTC Criminal Litigation Notes
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
The following is a more accessible plain text extract of the PDF sample above, taken from our BPTC Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
CHARACTER OF THE DEFENDANT
DEFENDANT'S GOOD CHARACTER
Vye direction
the credibility limb: direction as to relevance of D's good character to D's credibility only if
give if D has given evidence; OR
give if D does NOT give evidence but relies on own pre-trial mixed statements / answers
N.B. wholly exculpatory statements do not entitle D to the credibility limb, as they are not admissible as truth of contents jury has nothing to assess in terms of credibility
the propensity limb: direction as to relevance of D's good character to the likelihood of him having committed the offence charged (always given)
The Nye direction
applies if:
D has pre-cons; AND
those pre-cons are irrelevant OR spent; AND
fairness demands that D be treated as if no pre-cons
= modified Vye direction (CANNOT mislead jury into thinking D has no pre-cons)
matter for judicial discretion
Which direction will D get?
Vye
D of good character
D of positive good character (evidence of general reputation)
D of good character, jointly tried with co-D of bad character
D formally cautioned, no pre-cons - judge may decline to give propensity limb
modified Vye
D charged with multiple offences pleads G to lesser alternative offence + is convicted on greater offence
NOT entitled to direction if plead G to count that is NOT lesser offence
Nye
D with irrelevant / spent pre-cons
modified bad character direction (good character direction = affront to common sense)
give if D does NOT have pre cons OR relevant pre-cons BUT:
shown at trial to be G of criminal conduct; OR
evidence of bad character admitted under CJA 2003
DEFENDANT'S BAD CHARACTER (13-25 - 13-103)
Relevance of bad character
evidence of bad character may be relevant in following ways
character as a fact in issue: D's character itself is a fact in issue
e.g. Firearms Act - offence for person imprisoned in past to carry firearm
character relevant to a fact in issue: D's character probative of a fact in issue
character relevant to credit: D's character relevant to his credibility
Definition
bad character (s98 CJA 2003)
evidence of misconduct
evidence of disposition towards misconduct
evidence of reputation for misconduct
"misconduct" (s112 CJA 2003)
evidence of the commission of an offence:
a pre-con
another count on the indictment (s101(d) CJA 2003)
an offence for which have been investigated but for which D has never been prosecuted
an offence of which D has been acquitted (s101(d) CJA 2003)
other reprehensible behaviour (court decides what = reprehensible)
an offence for which have been investigated but for which D has never been prosecuted
an offence of which D has been acquitted - narrow (s101(d) CJA 2003)
BAD CHARACTER NOT COVERED BY CJA 2003 (s98 CJA 2003)
following governed by common law:
evidence that has to do with the facts of the offence with which D is charged (s98(a))
evidence must be admitted
"to do with" =
commission of offence OR other offences OR other reprehensible behaviour
test: is there a nexus in time between charged offence + misconduct?
evidence of misconduct in connection with the investigation / prosecution (s98(a))
BAD CHARACTER UNDER CJA 2003
Offences committed when D was a child (s108)
evidence of offences committed by D when under 14 are not admissible unless:
previous and current offence both indictment only offences; AND
court satisfied interests of justice require
Assumption of truth re: relevance / probative value in seven gateways (s109)
probative value / relevance of evidence operates on the assumption that it is true UNLESS no court / jury could reasonably find it to be true
The seven gateways (s101(1) CJA 2003)
section | gateway | admissibility | who can rely | exclusionary discretion |
---|---|---|---|---|
s101(1)(a) | all parties agree to the evidence being admissible | for agreed purpose only | pros ----AND---- D | |
s101(1)(b) | the evidence is adduced by D OR given in answer to a Q asked by D in XX and intended to illicit that evidence | any relevant purpose | usually D (tactical decision) | |
s101(1)(c) | it is important explanatory evidence | for agreed purpose only N.B. beware using as evidence of propensity (higher threshold test) | pros ----AND---- D | s78 PACE ---OR--- breach of notice requirement |
s101(1)(d) | it is relevant to an important matter in issue between D and pros | any relevant purpose (usually guilt + credibility) N.B. mere relevance | only pros | s101(3) - judge ---OR--- s103(3) - defence ---OR--- CL: prejudicial effect outweighs probative value ---OR--- breach of notice requirement |
s101(1)(e) | it has substantial probative value in relation to an important matter in issue between D and co-D | any relevant purpose N.B. enhanced relevance cf s100(b) | co-D | only breach of notice requirement (N.B. s78 and CL can only be used to exclude pros evidence) |
s101(1)(f) | it is evidence to correct a false impression given by D | only to correct false impression | only pros | s78 PACE ---OR--- CL: prejudicial effect outweighs probative value ---OR--- breach of notice requirement |
s101(1)(g) | D has made an attack on another person's character | any relevant purpose (usually credibility, as this was the only purpose under the CL equivalent of this limb) | only pros | s103(3) - defence ---OR--- CL: prejudicial effect outweighs probative value ---OR--- breach of notice requirement |
(s101(1)(b)) - Evidence adduced or elicited by D
how can evidence be admitted?
as part of case; OR
as a result of XX if the Q is intended to elicit evidence of bad character
when would the gateway be used?
tactical decision by D:
put pre-cons before jury to boost credibility AND get modified good character direction; OR
D's evidence involves attack on credibility of another person (so pros will apply under s101(g) anyway)
s101(1)(c), 102 - Important explanatory evidence
the test (s102)
= important explanatory evidence if:
without it tribunal of fact would find it impossible OR...
Buy the full version of these notes or essay plans and more in our BPTC Criminal Litigation Notes.
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
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