setrbeijing.blogg.se - Being a character witness

#Being a character witness trial

A hearing pursuant to section 4A of the Criminal Procedure (Insanity) Act 1964 – finding of fact hearing further to a finding of unfit to plead - R v Chal EWCA Crim 2647Įvidence falling with section 98(b) would encompass evidence relating to, for example, the telling of lies in an interview or the intimidation of witnesses (where not the subject of a separate charge).

A preparatory hearing (section 30 of the Criminal Procedure and Investigation Act 1996) - R v H 1 Cr App R 4.

#Being a character witness trial

A trial or newton hearing - R v Bradley EWCA Crim 20.

‘Criminal proceedings’ are defined in section 112 as ‘criminal proceedings to which the strict rules of evidence apply’ and have been held to include:

Membership of a violent gang - R v Lewis EWCA Crim 48.

Drinking to excess and taking illegal drugs - R v M EWCA Crim 1457.

What is capable of constituting reprehensible behaviour will be fact specific and has been held to include “Misconduct’ is defined in section 112 of the Act as “the commission of an offence or of other reprehensible behaviour”.

Is evidence of misconduct in connection with the investigation or prosecution of that offence”.

Has to do with the alleged facts of the offence with which the defendant is charged, or.

“References in this Chapter to evidence of a person’s ‘bad character’ are to evidence of, or of a disposition towards, misconduct on his part, other than evidence which – “Bad character” evidence is defined in section 98 of the Act which provides that: The provisions of the 2003 Act also do not affect section 27(3) of the Theft Act 1968 which makes provision for proof of guilty knowledge on a charge of handling stolen goods by proof of previous convictions for handling or theft. The only qualification to the abolition of the common law rules is in section 99(2) which, for the purposes of bad character evidence, allows for proof of a person’s bad character by the calling of evidence as to his reputation. The admissibility of bad character evidence in criminal proceedings is governed by Part 11 Criminal Justice Act 2003 (Sections 98 -113), section 99 of which abolished the existing common law rules. Proving Convictions and Other Reprehensible Conduct.