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Police Revision 2: Bad Character Evidence

Civil Law4 CardsCreated 3 months ago

This deck covers key concepts related to bad character evidence, including definitions, legal tests, and admissibility criteria under the Criminal Justice Act 2003.

Non defendants are given protection against bad character evidence being exposed under which test?

The enhanced relevance test

Note: this is for non defendants only - a defendants bad character is not subject to this test

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Key Terms

Term
Definition

Non defendants are given protection against bad character evidence being exposed under which test?

The enhanced relevance test

Note: this is for non defendants only - a defendants bad charac...

What is bad character evidence?
Any evidence that someone has a disposition towards misconduct other than that which they are being charged for.

What act introduced the scheme for admissibility of bad character evidence?

Criminal justice act 2003
S.98

‘Evidence of, or a disposition towards, misconduct on his...

When is evidence of a defendants bad character admissible?
When all parties agree to it. When it is important explanatory evidence relevant to an important matter in issue between defendant and prosecution The...

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TermDefinition

Non defendants are given protection against bad character evidence being exposed under which test?

The enhanced relevance test

Note: this is for non defendants only - a defendants bad character is not subject to this test

What is bad character evidence?
Any evidence that someone has a disposition towards misconduct other than that which they are being charged for.

What act introduced the scheme for admissibility of bad character evidence?

Criminal justice act 2003
S.98

‘Evidence of, or a disposition towards, misconduct on his part, other than evidence which:
A) has to do with the alleged facts of the offence with which the defendant is charged, or;
B) is evidence of misconduct in connection with the investigation of prosecution of that offence

When is evidence of a defendants bad character admissible?
When all parties agree to it. When it is important explanatory evidence relevant to an important matter in issue between defendant and prosecution The defendant has made an attack in another persons character