WebJul 29, 2024 · This paper proposes new grounds for the legal ambivalence about ‘bad character evidence’. It is suggested that errors based on such evidence are profoundly tragic in the Aristotelian sense: the defendant who previously committed crime is likely to reoffend; nevertheless, she beats the odds and refrains from further crime commission – … WebApr 2, 2024 · [Show full abstract] requirement of leave; the admissibility of evidence of the bad character of the defendant under various statutory ‘gateways’, including the …
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WebEvidence of bad character is generally inadmissible against a person other than the accused in criminal proceedings. However, the Criminal Justice Act 2003 (CJA 2003) permits such evidence in three situations. ... If the statutory definition of bad character is not satisfied, none of the gateways of admissibility under CJA 2003 will apply. WebBad character evidence: gateway 5 (important matter in issue between defendant and co-defendant) • Maintained. Bad character evidence: gateway 6 (evidence to correct a false … notts county wall
Non-defendant bad character and s. 100 of the Criminal …
WebAs noted by Lord Hailsham in DPP v Boardman “when there is nothing to connect the accused with a particular crime except bad character.. probative value of the evidence is nil”. When considering probative value, Gateway D must be considered [Article 6(1)(d) and Article 8(1)] as this is potentially the widest and most far-reaching gateway. WebSep 11, 2024 · There is no discretion under CJA 2003 to refuse to admit evidence of a defendant's bad character under the statutory other gateways of admissibility, namely: … WebJul 24, 2016 · Bad Character: Criminal Justice Act 2003; Defendant's Bad Character; S. 101 ‘Gateways’: R v Edwards [2005] EWCA Crim 1813 Ben Fitzpatrick View all authors and affiliations Volume 70 , Issue 2 how to show yourself inactive on facebook