Bad character and hearsay

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Bad character and hearsay guidance:

Admission of bad character as a relevant matter in issue Section 101(1)(d) of the Criminal Justice Act 2003 (CJA 2003) permits the admission of bad character evidence...

Practice Note

Criminal Justice Act 2003 The Criminal Justice Act 2003 (CJA 2003) permits the admission of bad character evidence if it is 'important explanatory evidence'. The...

Practice Note

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 is 'relevant to an...

Practice Note

The Criminal Justice Act 2003, s 101(1)(d) CJA 2003, s 101(d) The Criminal Justice Act 2003, s 101(1)(d) (CJA 2003) permits the admission of bad...

Practice Note

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...

Practice Note

How to identify hearsay The definition of hearsay is contained in the Criminal Justice Act 2003 (CJA 2003). It comprises of four essential elements. There must be: • a...

Practice Note

Statements in business and other documents The Criminal Justice Act 2003 (CJA 2003) governs the admissibility of: • business records, and • documents prepared for pending...

Practice Note

The statutory conditions The statement of an absent witness is only admissible if the following conditions are satisfied: • the evidence would be admissible as oral...

Practice Note

Categories of admissibility The Criminal Justice Act 2003 (CJA 2003) radically reformed the common law rules relating to the admissibility of hearsay evidence. The common...

Practice Note

The statutory conditions Hearsay evidence may be admitted under one or more of the statutory gateways of admissibility contained in the Criminal Justice Act 2003 (CJA...

Practice Note

Admissibility of non-defendant's bad character Evidence of bad character is generally inadmissible against a person other the accused in criminal proceedings. However,...

Practice Note

Bad character to correct a false impression The Criminal Justice Act 2003 (CJA 2003) permits the admission of evidence of the defendant's bad character for the purposes...

Practice Note

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 Criminal Justice Act...

Practice Note

Evidence of defendant's good character in criminal proceedings is admissible as of right. Such evidence is typically admitted to prove either to demonstrate that the...

Practice Note

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 trial. In a drugs case,...

Practice Note

Evidence of a defendant's bad character The Criminal Justice Act 2003 (CJA 2003) governs the admissibility of evidence of bad character. See Practice Note:...

Practice Note

Exclusion under the Criminal Justice Act 2003 Hearsay evidence has long been recognised as potentially unreliable because of the dangers of concoction and...

Practice Note

Exceptions under the CJA 2003 The admission of hearsay evidence is regulated by the Criminal Justice Act 2003 (CJA 2003). See Practice Note: Admissibility of hearsay...

Practice Note