Can 'propensity' be determined by evidence of misconduct which took place after offences which are the subject matter of a trial?
Can 'propensity' be determined by evidence of misconduct which took place after offences which are the subject matter of a trial?

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

  • Can 'propensity' be determined by evidence of misconduct which took place after offences which are the subject matter of a trial?
  • Defendant's bad character
  • Excluding evidence of the defendant's 'bad character' under the CJA 2003, section 101(3)

Defendant's bad character

The admissibility of the defendant's 'bad character' is governed by the Criminal Justice Act 2003 (CJA 2003).

There are seven statutory gateways of admissibility.

See Practice Note: Admissibility of defendant's bad character in criminal proceedings.

Normally the prosecution will seek to adduce evidence of offending which took place before the commencement of summary trial or trial on indictment to demonstrate a propensity to commit offences of the kind with which the defendant is charged (gateway D).

See Practice Notes: Admissibility of bad character to prove guilt (propensity) and Admissibility of bad character to prove untruthfulness.

However, under the CJA 2003 providing the prosecution can satisfy one or more of the statutory gateways, evidence of 'bad character' may be admissible, notwithstanding that such evidence may relate to the commission of offences which took place after the commencement of the defendant's trial.

In R v Adenusi the defendant appealed against his convictions for using a false instrument and for attempted deception. At his trial for these offences, evidence was adduced that five days after the offences were committed, he had attempted to open an account at another bank in a false name using the same method of presenting forged documentation and that he had subsequently pleaded guilty to two charges of using a false instrument in respect of the later incident.

On appeal against conviction, the Court of Appeal

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