Admissibility of defendant's bad character in criminal proceedings


Published by a ½Û×ÓÊÓƵ Corporate Crime expert
Practice notes

Admissibility of defendant's bad character in criminal proceedings


Published by a ½Û×ÓÊÓƵ Corporate Crime expert

Practice notes
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What is bad character?

The Criminal Justice Act 2003 (CJA 2003) governs the admissibility of the 'bad character' of a defendant.

The starting point is to identify whether the evidence the prosecution seeks to rely on satisfies the definition of 'bad character' as set out in CJA 2003, s 98.

'Bad character' is very broadly defined under CJA 2003, s 98. It means 'evidence of, or a disposition towards, misconduct' or other 'reprehensible behaviour' other than evidence which:

  1. •

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

  2. •

    is evidence of misconduct in connection with the investigation or prosecution of that offence

The line between bad character evidence, and evidence which has to do with alleged facts of the offence charged, can be a fine one. A nexus between the evidence and the offence can be established by showing a connection in time; a temporal nexus.

Bad character therefore includes evidence of previous convictions and cautions. It has also been held to encompass misconduct for

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Admissibility definition
What does Admissibility mean?

The question of whether (and to what extent) evidence suggesting or proving a fact in issue can be entered into the record and heard by the deciders of fact.

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