Proving Propensity via Allegations of Bad Character – 2 Hare Court

Posted February 21st, 2017 in appeals, bad character, evidence, jury directions, murder, news, Supreme Court by sally

‘The approach to contested non-conviction bad character evidence has changed in the wake of the Supreme Court’s judgment in the case of R v Mitchell [2016] UKSC 55.’

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2 Hare Court, 5th January 2017

Source: www.2harecourt.com

Rape accusers ‘face court ordeal by defence lawyers’ – The Guardian

Posted February 6th, 2017 in bad character, bills, cross-examination, news, rape, sexual offences, trials, victims, witnesses by sally

‘Rape complainants are being routinely questioned in court about their sexual histories and even the way they were dressed on the night they were attacked, according to a damning dossier of case studies to be presented to MPs this week. The findings have triggered calls for the law to be tightened to protect complainants better.’

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The Guardian, 4th February 2017

Source: www.guardian.co.uk

Regina v Jones (Nicholas) – WLR Daily

Posted July 23rd, 2014 in bad character, conspiracy, evidence, fraud, law reports, witnesses by michael

Regina v Jones (Nicholas) [2014] WLR (D)  319

‘A finding by a tribunal that an expert’s evidence was not as objective and independent as it might have been was not evidence of bad character with sections 98 and 112 of the Criminal Justice Act 2003.’

WLR Daily, 16th July 2014

Source: www.iclr.co.uk

Regina v Mehmedov – WLR Daily

Regina v Mehmedov [2014] EWCA Crim 1523; [2014] WLR (D) 325

‘A certificate of a conviction in a member state of the European Union was admissible in evidence under section 73(1) of the Police and Criminal Act 1984 even where the conviction preceded the accession of the member state concerned to the European Union.’

WLR Daily, 18th July 2014

Source: www.iclr.co.uk

Nigella Lawson: not a victim of the criminal justice system – Halsbury’s Law Exchange

Posted January 7th, 2014 in bad character, cross-examination, fraud, news, victims, witnesses by sally

‘Nigella Lawson is a victim of domestic violence, but she is not a victim of the criminal justice system.’

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Halsbury’s Law Exchange, 7th January 2014

Source: www.halsburyslawexchange.co.uk

Philpott – why wasn’t it murder and when will he be free? – Halsbury’s Law Exchange

Posted April 9th, 2013 in arson, bad character, duress, evidence, homicide, news, sentencing by sally

“1.3 million people tuned into Channel 5 when the schedule was changed at 9pm on 3 April 2013 to show a documentary examining the high-profile Philpott story, featuring new material about the tragic event and subsequent trial.”

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Halsbury’s Law Exchange, 8th April 2013

Source: www.halsburyslawexchange.co.uk

Regina v Dizaei – WLR Daily

Posted February 21st, 2013 in admissibility, bad character, crime, evidence, law reports, witnesses by sally

Regina v Dizaei [2013] EWCA Crim 88; [2013] WLR (D) 64

“When a court was assessing the probative value of the evidence of bad character of a witness in criminal proceedings, in accordance with the provisions of section 100 of the Criminal Justice Act 2003, among the factors relevant to the admissibility judgment, the court should consider whether the admission of such evidence might make it difficult for the jury to understand the remainder of the evidence, and whether its understanding of the case as a whole might be diminished. If the conclusion was that the evidence was not of substantial probative value in establishing propensity or lack of creditworthiness of the witness, or that the evidence was not of substantial importance in the context of the case as a whole, or both, the preconditions to admissibility would not established.”

WLR Daily, 14th February 2013

Source: www.iclr.co.uk

A Salutary Lesson on Bad Character – The Devil Is In The Detail – Zenith Chambers

Posted September 25th, 2012 in admissibility, bad character, drug offences, evidence, news by sally

“In a recent Crown Court trial the Prosecution made a Bad Character application alleging that the factual basis of a previous conviction was so similar to the alleged facts of the instant case, that the previous conviction should be admitted. This was propensity with a heavy dollop of similar fact.”

Full story (PDF)

Zenith Chambers, 17th September 2012

Source: www.zenithchambers.co.uk

A Salutary Lesson on Bad Character – The Devil Is In The Detail – Zenith Chambers

Posted September 17th, 2012 in bad character, news, prosecutions by sally

“In a recent Crown Court trial the Prosecution made a Bad Character application alleging that the factual basis of a previous conviction was so similar to the alleged facts of the instant case, that the previous conviction should be admitted. This was propensity with a heavy dollop of similar fact.”

Full story (PDF)

Zenith Chambers, 17th September 2012

Source: www.zenithchambers.co.uk

The Dowler family’s ordeal is no case for silent witnesses – The Guardian

Posted June 27th, 2011 in bad character, cross-examination, media, news, trials, witnesses by sally

“The judge in Levi Bellfield’s trial could not spare Milly Dowler’s parents the trauma of giving evidence.”

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The Guardian, 27th June 2011

Source: www.guardian.co.uk

Regina v D (N); Regina v P (A); Regina v U (S) – WLR Daily

Regina v D (N); Regina v P (A); Regina v U (S) [2011] WLR (D)  166

“Evidence that a defendant had viewed child pornography was capable of being adduced in evidence at trial under section 101(1)(d) of the Criminal Justice Act 2003 to demonstrate a propensity for offences involving the sexual abuse of children.”

WLR Daily, 17th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed

Regina v C – WLR Daily

Posted January 5th, 2011 in bad character, criminal records, evidence, law reports by sally

Regina v C [2010] EWCA Crim 2971; [2011] WLR (D) 347

“Where a defendant wished to challenge evidence of earlier convictions which the Crown sought to deploy as relevant to the question of whether the defendant was responsible for the commission of the offences for which he was on trial, the defendant’s bare assertion that he did not commit those earlier offences was inadequate; it was essential that the defendant provide a detailed defence statement identifying all the ingredients of the case which he proposed to advance for the purpose of discharging the evidential burden of proving that he did not commit the earlier offences.”

WLR Daily, 23rd December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Attorney General: Contempt of Court: why it still matters – Attorney General’s Office

Posted October 19th, 2010 in bad character, contempt of court, freedom of expression, internet, lectures by sally

“The Attorney General, Dominic Grieve QC MP, has delivered the Criminal Bar Association’s Kalisher lecture entitled ‘Contempt of Court: why it still matters’.”

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Attorney General’s Office, 12th October 2010

Source: www.attorneygeneral.gov.uk

Regina v Hamer – WLR Daily

Posted August 23rd, 2010 in appeals, bad character, evidence, law reports, penalties by sally

Regina v Hamer [2010] WLR (D) 235

“A fixed penalty notice which had been issued to a defendant pursuant to s 2 of the Criminal Justice and Police Act 2001 was not a conviction, admission of guilt, proof that a crime had been committed, or a stain on the defendant’s character, and therefore could not be regarded as evidence which impugned the character of the defendant or admitted as such.”

WLR Daily, 20th August 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Brewster – WLR Daily

Posted June 28th, 2010 in appeals, bad character, evidence, law reports, witnesses by sally

Regina v Brewster  [2010] EWCA Crim 1194; [2010] WLR (D) 159

“Where a party sought to admit evidence of a witness’s bad character which bore only indirectly on his credibility, and that credibility was a matter in issue in the proceedings and of substantial importance in the context of the case as a whole, such evidence was only admissible pursuant to s 100(1)(b) of the Criminal Justice Act 2003 as evidence of substantial probative value on the issue of creditworthiness if it was reasonably capable of assisting a fair minded jury to reach a view as to whether the witness’s evidence was worthy of belief.”

WLR Daily, 25th June 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Miller – WLR Daily

Posted June 4th, 2010 in appeals, bad character, cross-examination, law reports, witnesses by sally

Regina v Miller [2010] EWCA Crim 1153; [2010] WLR (D) 142

“In criminal proceedings, the circumstances in which one party would be permitted pursuant to s 100(1) of the Criminal Justice Act 2003 to ask a witness a question in cross-examination with a view to eliciting an answer implicating that witness in bad behaviour, which behaviour that party would be otherwise unable to prove, were infrequent and limited in scope.”

WLR Daily, 3rd June 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Braithwaite – WLR Daily

Posted June 4th, 2010 in appeals, bad character, law reports, witnesses by sally

Regina v Braithwaite [2010] EWCA Crim 1082; [2010] WLR (D) 141

“Material contained in police crime reports that unproven allegations had been made against a person who was someone other than a defendant, or that that person had been investigated in respect of an offence, would rarely be of substantial probative value to an issue at trial sufficient to render it admissible as evidence of bad character against that person pursuant to s 100(1)(b) of the Criminal Justice Act 2003.”

WLR Daily, 3rd June 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Criminal law: use of hearsay evidence; professional conduct – Law Society’s Gazette

Posted February 12th, 2010 in bad character, hearsay evidence, news, professional conduct by sally

“The Supreme Court in R v Horncastle [2009] UKSC14 has upheld the decision of the Court of Appeal that, in appropriate circumstances, the Crown may rely wholly or mainly on hearsay evidence to establish its case. The Court of Appeal had, however, emphasised the need to check the reliability of the hearsay evidence in such situations.”

Full story

Law Society’s Gazette, 11th February 2010

Source: www.lawgazette.co.uk

The impact of bad character provisions on the courts – Ministry of Justice

Posted March 9th, 2009 in bad character, evidence, news by sally

“This report provides evidence from six court centres over eight months in 2006 on the use of applications to admit bad character evidence in criminal cases. This provision was introduced as part of the Criminal Justice Act 2003 and was designed to allow evidence of a defendant’s bad character to play a greater part in the prosecution of cases.”

Full story

Ministry of Justice, 9th March 2009

Source: www.justice.gov.uk

R v Freeman; R v Crawford – WLR Daily

Posted August 12th, 2008 in admissibility, bad character, evidence, juries, law reports by sally

R v Freeman; R v Crawford [2008] EWCA Crim 1863; [2008] WLR (D) 287

“Some care was required in directing a jury when approaching the cross-admissibility of bad character evidence.”

WLR Daily, 11th August 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.