This is an extract of our Co Defendant's Bad Character document, which we sell as part of our Criminal Evidence Notes collection written by the top tier of City Law School students.
The following is a more accessble 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:
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.
Buy the full version of these notes or essay plans and more in our Criminal Evidence Notes.