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BPTC Law Notes Criminal Evidence Notes

Co Defendant's Bad Character Notes

Updated Co Defendant's Bad Character Notes

Criminal Evidence Notes

Criminal Evidence

Approximately 176 pages

A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through twenty-four 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".

These notes were prepared in a highly visual style, using flow-charts, questions and answer boxes, miniature mind maps and more. Highly concise, these notes pack more i...

The following is a more accessible plain text extract of the PDF sample above, taken from our Criminal Evidence Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

CO-DEFENDANT'S BAD CHARACTER s100 Criminal Justice Act 2009 s100 Non-defendant's bad character (1) In criminal proceedings evidence of the bad character of a person other than the defendant is admissible if and only if--- (a) it is important explanatory evidence, (b) it has substantial probative value in relation to a matter which--- (i) is a matter in issue in the proceedings, and (ii) is of substantial importance in the context of the case as a whole, or (c) all parties to the proceedings agree to the evidence being admissible. Must get leave of court. Important Explanatory Evidence Without the Bad Character evidence it would be impossible/difficult to properly understand other evidence, and its value for understanding case as a whole is substantial Substantial Probative Value in relation to matter-in-issue of substantial importance in context of the case as a whole "Substantial probative value" - Court must have regard to: * nature and number of events to which the evidence relates, * when those events/things alleged to have happened, * nature and extent of similarities and dissimilarities between each of the alleged instances of misconduct Matter-in-issue May go to: * credibility, or * propensity to behave in a certain way Credibility - Q: Whether the Bad Character evidence is reasonably capable of assisting a fair-minded jury to reach a view on whether the Witness's evidence is to be believed? * Is the evidence of previous convictions/bad behaviour sufficiently persuasive to be worthy of consideration by a fair-minded tribunal upon the issue of Witness's creditworthiness? To be "relevant" - must severely damage the Witness's credibility and that Witness must play a prominent role in the overall case.

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