Bad character meaning

Evidence of bad character Specify the impugned bad character material. Check: whether the evidence of bad character falls within the meaning of 'bad character' in section 98 of the Criminal Justice Act 2003 (CJA 2003) Outline the grounds said to justify refusing admission. Identify: the statutory gateway(s) in dispute any other basis for exclusion, eg unfairness under section 78 of the Police and Criminal Evidence Act 1984 (PACE 1984) and/or CJA 2003, s 101(3) (exclusion under gateway 101(1)(d) (propensity) or s 101(1)(g) (attack on another person's character)) or s 103(3) (unjust to admit convictions by reason of the age of the conviction) why the evidence is not relevant Address each ground of objection in order, by reference to the appropriate statutory gateway(s) (CJA 2003, ss 102–106). See Practice Notes: Admissibility of defendant's bad character in criminal proceedings and Admissibility of bad character as...

Evidence of bad character Identify material relied on. Confirm it falls within CJA 2003 s98; if not, state its relevance. Set out the basis for admission: gateway(s) under ss101–106, reliance on conviction alone or its circumstances, key facts and proof. For unproven conduct or acquittals: outline facts, disputes, and why admission will not cause collateral litigation. Deal with each ground by the relevant gateway (ss102–106). Important explanatory evidence Under s101(1)(c): show that, without it, the tribunal would struggle to understand other evidence, and its value is substantial. Propensity to commit offences/be untruthful Under s101(1)(d): show convictions evidence propensity (same description/category), why that increases likelihood of guilt, and admission is fair. Consider number of convictions, behavioural tendency, similarities (eg modus operandi), gaps, and whether earlier untruthfulness arose (eg disbelieved accounts or false representations). Correct a false impression Under s101(1)(f): show a false impression per s105...

For further information relating to each of these stages, see the following Practice Notes: Case oversight in the magistrates’ courts The course of a criminal matter Phases of a summary hearing Burden and level of proof in criminal cases Ability and compellability of witnesses in criminal cases Witness testimony during a criminal trial Special arrangements Expert testimony in criminal proceedings Admitting a defendant’s bad character in criminal proceedings Admissibility of hearsay evidence in criminal proceedings Penalties imposed after conviction Obligation to give reasons and set out the effect of sentence imposed...

Part 2 of the Children and Social Work Act 2017 (CASWA 2017) created Social Work England (SWE) as the regulator for social workers in England, replacing the Health and Care Professions Council (HCPC). The regulation of social workers was formally transferred to SWE from the Health and Social Care Professions Council in December 2019. SWE operates under the auspices and oversight of the Professional Standards Authority. As a result, the Professional Standards Agency is, in specified circumstances, able to refer a case to the High Court. See Practice Note: Professional Standards Authority. SWE was established to deliver a new and different approach to regulation. Accordingly, some variation can reasonably be expected between the approach of more established regulators and that of SWE. SWE aims to set the tone as a collaborative regulator, emphasising that it shares and reflects the values of those it regulates. On a practical level, for the fitness to practise process this translates into there being multiple opportunities for Registrants to engage at an early stage, together...

This Practice Note sets out the principles governing when evidence of a defendant’s bad character may be admitted to rectify a false impression created by the defendant, or to respond to an attack on the character of another person or witness. In criminal proceedings, such material is admissible under section 101(1)(f)–(g) of the Criminal Justice Act 2003 (CJA 2003), gateways F and G respectively. Bad character to correct a false impression The CJA 2003 authorises the admission of evidence of the defendant’s bad character to correct a misleading impression given by the defendant; the applicable statutory route is gateway F (CJA 2003, s 101(1)(f)). The term ‘bad character’ is defined in the CJA 2003 and includes, among other things, the defendant’s prior convictions. See Practice Note: Admissibility of defendant's bad character in criminal proceedings. Only prosecution evidence may be received under gateway F, and then only where it possesses ‘probative value’. An application to adduce a co-defendant’s bad character cannot be pursued via this gateway, but may...

Excluding evidence of the defendant's 'bad character' under CJA 2003, s 101(3) Where material demonstrating a defendant’s bad character is capable of admission under the Criminal Justice Act 2003 (CJA 2003) to indicate a tendency to offend or to be dishonest (gateway D), or to meet an attack on another individual’s character (gateway G), the CJA 2003 provides that the court ‘must not admit’ that material if it appears that receiving it would have such an adverse impact on the fairness of the proceedings that the court ought not to receive it. For guidance on the circumstances in which gateways D and G operate, see the Practice Notes: Admissibility of bad character to prove propensity, Admissibility of bad character to prove untruthfulness, and Admission of bad character to correct false impression or to counter an attack, for further information and application guidance...