Good character directions after R v Hunter: entitlement, exceptions, modified directions, witness character and misdirection risks (England and Wales)

Published by a LexisNexis Corporate Crime expert

Practice notes

Evidence of a defendant’s good character in criminal proceedings is admissible and may relate to propensity, credibility, or both:

propensity — the defendant is less likely to have committed the charged offence
credibility — the defendant is more truthful than a person without such character

Procedure for giving good character directions

As a lack of convictions does not of itself prove good character, where reliance is placed upon it, it is the responsibility of defence counsel and the defendant to ensure the judge is made aware. If there is any uncertainty, it is good practice for the judge to raise the point with counsel. Any proposed good character direction should be provided to counsel, and counsel for both the prosecution and the defence should be given the chance to make submissions (R v Gonzales [2004] EWCA Crim 2117 (not reported by LexisNexis®)).

Who is entitled to a good character direction?

The law on good character directions was carefully reassessed by the Court of Appeal in R v Hunter, which concluded that good character directions (since the decisions in R v Vye and R v Aziz had been wrongly...

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Harriet Johnson

Doughty Street Chambers

Having trained as a specialist criminal barrister, Harriet's practice has expanded to include related areas of civil and human rights law. She is qualified to undertake direct access work meaning that, in appropriate cases, members of the public can instruct her without the need for a solicitor. Harriet is valued by instructing solicitors for her precise and detailed case preparation as well as her legal and tactical insight. However, it is her skilled and compelling advocacy that most commonly attracts both client and judicial praise. Harriet is a powerful speaker and has been invited to deliver keynote addresses at conferences all over the world. Prior to being called to the bar Harriet worked in the House of Commons, and on death row appeals in San Francisco....

Web page updated on 21/05/2026

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