Jurisdiction(s):
United Kingdom

Resisting Admission of Defendant’s Bad Character: Advocacy Checklist under CJA 2003 ss 98–106 and PACE 1984 s 78 (England and Wales)

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Checklists

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 a relevant 'matter in issue'

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Web page updated on 20/05/2026

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