Subjects:

Evidence

Contents:

Preface

Table of Cases

Table of Legislation

Table of Treaties

Table of References to Statutes in Cases

1. Introduction

2. Definition of Bad Character

3. The bad Character of Non-Defendants

4. Evidence of the Defendant's Bad Character

5. Practical Issues

Appendix 1: Criminal Justice Act 2003 Part 11, Chapter 1

Appendix 11: Criminal Justice Act 2003 (Catagories of Offences) Order 2004 SI2004/3346

Appendix 111: Criminal Procedure Rules 2005 SI 2005/384 Part 35 and Part
68.21

Appendix 1V: Judicial Studies Board Specimen Directives

Appendix V: Leading Cases

Index

The rule excluding evidence of the defendant's general bad character and disposition to commit the offence has been described as one of the most hallowed rules of evidence. In Maxwell v DPP, Lord Sankey described it as "...one of the most deeply rooted and jealously guarded principles of our criminal law." In reality it is not particularly ancient, and in recent years it has been increasingly attacked.

On technical grounds the body of law surrounding it has been criticised as over-complicated and inconsistent, and more radical critics have condemned it as unduly favourable to the guilty. In response to this, it was completely recast in Part II of the Criminal Justice Act 2003. This book offers the first thorough analysis of the new provisions. The author, an acknowledged expert on the law of evidence, has been engaged in training lawyers and judges on the effect and scope of the new provisions.