Bad character and hearsay

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Practice notes
Unlawful wounding or inflicting grievous bodily harmThe offence of unlawful wounding or inflicting grievous bodily harmThe offence of unlawful...
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19th May
Practice notes
Common law offence of kidnappingThe offence of kidnappingKidnapping is a common law offence and is triable only on indictment. It may be classified in...
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19th May
Practice notes
Committal for sentenceSummary of magistrates’ powers to commitA magistrates' court does not have power to impose a sentence of imprisonment or...
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19th May
Practice notes
Criminal act or omissionOmissionA defendant must be shown to have had the relevant mental state of mind or intention at the time that the act...
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19th May
Practice notes
Breach of a community orderThis Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that...
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19th May
Practice notes
Mandatory life sentencesThis Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that applies...
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19th May
Practice notes
Criminal contempt of court—common law offenceIn summarising the law of contempt of court, the Court of Appeal has stated:‘The law of contempt exists...
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Produced in partnership with Richard Wayman of Pump Court Chambers 19th May
Practice notes
Vicarious liabilityWhat is vicarious liability?The general principle in criminal law is liability is personal not vicarious. This means that one...
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19th May
Practice notes
Non-intimate samplesThe police have wide powers to take non-intimate samples from a person under the Police and Criminal Evidence Act 1984 (PACE...
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19th May
Practice notes
PerjuryPerjury in judicial proceedings The offence of perjury is triable only on indictment and carries a maximum penalty of seven years and/or a...
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Produced in partnership with Thomas Evans of 3 Paper Buildings 19th May
Practice notes
NMC disciplinary processNursing and Midwifery CouncilThe Nursing and Midwifery Council (NMC) is the regulatory body for all nurses and midwives...
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Produced in partnership with John Donnelly and Sam Shurey of 2 Bedford Row 19th May
Practice notes
Driving offences and police powersPolice powers and preliminary testsUnder the Road Traffic Act 1988 (RTA 1988) there are three types of preliminary...
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Produced in partnership with Red Lion Chambers 19th May
Practice notes
Securities, sureties and other conditions of bailConditions of bailA defendant granted bail by the court may be required to comply with conditions of...
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Produced in partnership with Alistair Grainger of 25 Bedford Row 19th May
Practice notes
Commencing criminal proceedings—applying for the issue of a summonsAll criminal cases begin in the magistrates' court however serious the offence....
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19th May
Practice notes
Obtaining disclosure of unused evidenceDuty of disclosure of unused evidenceThe pursuit of a fair trial based on equality of arms has resulted in a...
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Produced in partnership with Hannah Thomas of 2 Hare Court 19th May
Practice notes
Disclosure orders under the Proceeds of Crime Act 2002What is a disclosure order?A disclosure order is, in general terms, an order authorising a...
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19th May

Most recent Bad character and hearsay content

Practice notes
Admissibility of defendant's bad character in criminal proceedingsWhat is bad character?The Criminal Justice Act 2003 (CJA 2003) governs the...
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20th Jul
Practice notes
Admissibility of non-defendant's bad characterAdmissibility of non-defendant's bad characterEvidence of bad character is generally inadmissible...
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5th Jun
Practice notes
Proving a defendant's bad characterEvidence of a defendant's bad characterThe Criminal Justice Act 2003 (CJA 2003) governs the admissibility of...
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5th Jun
Practice notes
Admissibility of hearsay in criminal proceedings—absent witnessesThe statutory conditionsThe statement of an absent witness is only admissible if the...
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5th Jun
Practice notes
Bad character adduced by co-defendantThe Criminal Justice Act 2003, s 101(1)(e)The Criminal Justice Act 2003 (CJA 2003) permits evidence of a...
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5th Jun
Practice notes
Admissibility of hearsay in criminal proceedings—preserved common law exceptionsCategories of admissibilityThe Criminal Justice Act 2003 (CJA 2003)...
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Produced in partnership with Hannah Thomas of 2 Hare Court 5th Jun
Practice notes
Can 'propensity' be determined by evidence of misconduct which took place after offences which are the subject matter of a trial?Defendant's bad...
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5th Jun
Practice notes
Admissibility of bad character as a relevant 'matter in issue'Admission of bad character as a relevant matter in issueSection 101(1)(d) of the...
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5th Jun
Practice notes
Good character directions in criminal proceedingsEvidence of defendant's good character in criminal proceedings is admissible and can go to either...
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5th Jun
Practice notes
Admissibility of bad character as important explanatory evidenceCriminal Justice Act 2003The Criminal Justice Act 2003 (CJA 2003) permits the...
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5th Jun
Practice notes
Admissibility of hearsay evidence in criminal proceedings—statements in documentsStatements in business and other documentsThe Criminal Justice Act...
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5th Jun
Practice notes
The statutory exceptions to the rule against hearsay in criminal proceedingsExceptions under the CJA 2003The admission of hearsay evidence is...
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5th Jun
Practice notes
Admissibility of bad character to prove guilt (propensity)The Criminal Justice Act 2003, s 101(1)(d)The Criminal Justice Act 2003, s 101(1)(d) (CJA...
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5th Jun
Practice notes
Hearsay, text messages and other forms of communication in criminal proceedingsIs a text message or voice message hearsay?Text messages or other...
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5th Jun
Practice notes
Admissibility of hearsay in criminal proceedings—the interests of justice gatewayThe statutory conditionsHearsay evidence may be admitted under one or...
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5th Jun
Practice notes
Admission of bad character to correct false impression or counter an attackBad character to correct a false impressionThe Criminal Justice Act 2003...
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5th Jun
Practice notes
Admissibility of bad character to prove untruthfulnessThe Criminal Justice Act 2003, s 101(1)(d)The Criminal Justice Act 2003, s 101(1)(d) (CJA 2003)...
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5th Jun
Practice notes
Admissibility of hearsay evidence in criminal proceedingsHow to identify hearsayThe definition of hearsay is contained in the Criminal Justice Act...
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5th Jun
Practice notes
Excluding evidence of bad characterExcluding evidence of the defendant's 'bad character' under CJA 2003, s 101(3)Where evidence of a defendant's bad...
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Produced in partnership with Hannah Thomas of 2 Hare Court 5th Jun
Practice notes
Safeguards against hearsay in criminal proceedingsExclusion under the Criminal Justice Act 2003Hearsay evidence has long been recognised as...
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5th Jun

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