Bad character and hearsay

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Practice notes
Procedure for either-way offences not sent forthwith to the Crown Court for trial: plea before venue and allocationWhere the court decides that a case...
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9th Nov
Practice notes
The test for exclusion under PACE 1984, s 78An accused has no entitlement to have evidence excluded simply because it has been obtained unlawfully. To...
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Produced in partnership with Hannah Thomas of 2 Hare Court 12th Jan
Practice notes
What is a football banning order?A football banning order is a measure designed to prevent offenders travelling to football matches in England and...
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9th Nov
Practice notes
What is compensation?A compensation order is defined in the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000), to mean an order which...
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9th Nov
Practice notes
Competency—general ruleThe most common way for evidence to be adduced is through the testimony of a witness. A witness is said to be competent if they...
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9th Nov
Practice notes
What is a boiler room fraud?Boiler rooms are the names ascribed to high pressure sales environments. The idea is that the sales environment creates...
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9th Nov
Practice notes
Possessing extreme pornographySimple possession of extreme pornography is an offence under section 63 of the Criminal Justice and Immigration Act 2008...
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9th Nov
Practice notes
Lawful arrest—human rightsThe right to liberty is a fundamental principle of the Human Rights Act 1998 (HRA 1998), which itself gives effect to the...
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9th Nov
Practice notes
Serious crime prevention orders (SCPOs) were created by Part 1 of the Serious Crime Act 2007 (SCA 2007) and are civil orders used against those...
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9th Nov
Practice notes
Elements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on...
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Produced in partnership with Thomas Evans of 3 Paper Buildings 12th Jan
Practice notes
The offence of threats to killThe offence of threats to kill is an offence which can be tried in the magistrates' court or the Crown Court. The...
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9th Nov
Practice notes
How to identify hearsayThe definition of hearsay is contained in the Criminal Justice Act 2003 (CJA 2003). It comprises of four essential...
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9th Nov
Practice notes
Offences relating to untrue declarations etcA person commits an offence under the section 167 of the Customs and Excise Management Act 1979 (CEMA...
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9th Nov
Practice notes
Searches of premises during criminal investigations may be conducted on the authority of a warrant issued by a court, or without warrant under a...
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9th Nov
Practice notes
Application to dismissUnder paragraph 2(1) of Schedule 3 to the Crime and Disorder Act 1998 (CDA 1998), the defendant may (after the date when he is...
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9th Nov
Practice notes
Taking a conveyance without authority offenceTaking a conveyance without authority is committed when a person:•takes a conveyance without the owner's...
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9th Nov

Most recent Bad character and hearsay content

Practice notes
The Criminal Justice Act 2003, s 101(1)(e)The Criminal Justice Act 2003 (CJA 2003) permits evidence of a defendant's bad character to be introduced by...
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9th Apr
Practice notes
The Criminal Justice Act 2003, s 101(1)(d)The Criminal Justice Act 2003, s 101(1)(d) (CJA 2003) permits the admission of bad character evidence which...
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9th Apr
Practice notes
Admission of bad character as a relevant matter in issueSection 101(1)(d) of the Criminal Justice Act 2003 (CJA 2003) permits the admission of bad...
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9th Apr
Practice notes
Bad character to correct a false impressionThe Criminal Justice Act 2003 (CJA 2003) permits the admission of evidence of the defendant's bad character...
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9th Apr
Practice notes
Categories of admissibilityThe Criminal Justice Act 2003 (CJA 2003) radically reformed the common law rules relating to the admissibility of hearsay...
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Produced in partnership with Hannah Thomas of 2 Hare Court 9th Apr
Practice notes
Criminal Justice Act 2003The Criminal Justice Act 2003 (CJA 2003) permits the admission of bad character evidence if it is 'important explanatory...
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9th Apr
Practice notes
Evidence of defendant's good character in criminal proceedings is admissible and can go to either propensity or credibility or both:•propensity—the...
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Produced in partnership with Harriet Johnson of Doughty Street Chambers 9th Apr
Practice notes
Defendant's bad characterThe admissibility of the defendant's 'bad character' is governed by the Criminal Justice Act 2003 (CJA 2003).There are seven...
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9th Apr
Practice notes
Exclusion under the Criminal Justice Act 2003Hearsay evidence has long been recognised as potentially unreliable because of the dangers of concoction...
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9th Apr
Practice notes
Evidence of a defendant's bad characterThe Criminal Justice Act 2003 (CJA 2003) governs the admissibility of evidence of bad character.See Practice...
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9th Apr
Practice notes
Exceptions under the CJA 2003The admission of hearsay evidence is regulated by the Criminal Justice Act 2003 (CJA 2003).See Practice Note:...
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9th Apr
Practice notes
Excluding evidence of the defendant's 'bad character' under CJA 2003, s 101(3)Where evidence of a defendant's bad character is admissible under the...
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Produced in partnership with Hannah Thomas of 2 Hare Court 9th Apr
Practice notes
The statutory conditionsThe statement of an absent witness is only admissible if the following conditions are satisfied:•the evidence would be...
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9th Apr
Practice notes
The Criminal Justice Act 2003, s 101(1)(d)The Criminal Justice Act 2003, s 101(1)(d) (CJA 2003) permits the admission of bad character evidence which...
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9th Apr
Practice notes
Is a text message or voice message hearsay?Text messages or other messages retrieved from a mobile phone can play an important part in a criminal...
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9th Apr
Practice notes
The statutory conditionsHearsay evidence may be admitted under one or more of the statutory gateways of admissibility contained in the Criminal...
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24th Mar
Practice notes
Admissibility of non-defendant's bad characterEvidence of bad character is generally inadmissible against a person other the accused in criminal...
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17th Mar
Practice notes
How to identify hearsayThe definition of hearsay is contained in the Criminal Justice Act 2003 (CJA 2003). It comprises of four essential...
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3rd Mar
Practice notes
Statements in business and other documentsThe Criminal Justice Act 2003 (CJA 2003) governs the admissibility of:•business records, and•documents...
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3rd Mar
Practice notes
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...
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24th Feb

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