Advocacy checklist: applications to admit defendant’s bad character (England and Wales): CJA 2003 ss 98, 101–106; PACE 1984 s78
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Checklists
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 and admit only so far as correcting it, with probative force.
Counter an attack on another person’s character
- Under s101(1)(g): identify the attack per s106 and fairness.
Admissibility of bad character evidence
- If prima facie admissible, consider PACE 1984 s78; explain directions ensure fairness, and that the case is not weak enough that prejudice outweighs value.
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Web page updated on 20/05/2026
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