Admissibility of bad character to prove untruthfulness
Published by a LexisPSL Corporate Crime expert

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

  • Admissibility of bad character to prove untruthfulness
  • The Criminal Justice Act 2003, s 101(1)(d)
  • Establishing propensity to be untruthful

Admissibility of bad character to prove untruthfulness

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 important matter in issue' between the prosecution and defence.

'Matters in issue' are expressly stated in the CJA 2003 to include the question whether a defendant has a propensity to be untruthful.

Evidence of untruthfulness must be relevant.

Such evidence will not be admissible if it is not suggested that the defendant's case is untruthful in any respect.

Only prosecution evidence is admissible under the CJA 2003, s 101(1)(d).

See Practice Note: Admissibility of bad character as a relevant 'matter in issue'.

Establishing propensity to be untruthful

Evidence of untruthfulness may be established by previous convictions for dishonesty.

But in R v Hanson it was held that a propensity to untruthfulness is not the same as propensity to dishonesty and, previous

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