Admissibility of bad character to prove untruthfulness
Admissibility of bad character to prove untruthfulness

The following Corporate Crime guidance 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

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 b