Admissibility of bad character as a relevant 'matter in issue'
Admissibility of bad character as a relevant 'matter in issue'

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • Admissibility of bad character as a relevant 'matter in issue'
  • Admission of bad character as a relevant matter in issue
  • Examples of bad character relevant to the matters in issue

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 which is 'relevant to an important matter in issue' between the prosecution and defence.

Under the CJA 2003 'matters in issue' expressly include whether the defendant has a propensity to commit offences of the kind charged or a propensity to be untruthful but 'matters in issue' are not limited to questions of propensity or untruthfulness.

See Practice Note: Admissibility of bad character to prove guilt (propensity).

Relevant important matters will also include:

  1. the identity of the suspect

  2. the elements of the offence, including any mental element required, and

  3. any defences raised

Also, see Practice Note: Admissibility of bad character to prove untruthfulness.

Examples