Good character directions in criminal proceedings
Produced in partnership with Harriet Johnson of Doughty Street Chambers
Practice notesGood character directions in criminal proceedings
Produced in partnership with Harriet Johnson of Doughty Street Chambers
Practice notes
Evidence of a defendant's good character in criminal proceedings is admissible and can go to either propensity or credibility or both:
- •
propensity—the defendant is unlikely to have committed the offence with which they are accused
- •
credibility—the defendant is more truthful than someone without such good character
Procedure for giving good character directions
Since an absence of convictions does not necessarily mean a defendant is of good character, where reliance is placed on good character, it is the duty of defence counsel and the defendant to ensure that the judge is aware of that fact. Where there is any doubt, it is good practice for the judge to raise the matter with counsel.
Any proposed good character direction should be provided to counsel and counsel for both the prosecution and the defendant should be given the opportunity to make submissions (R v Gonzales [2004] EWCA Crim 2117 (not reported by LexisNexis®)).
Who is entitled to a good character direction?
The law on good character directions was carefully reassessed by the Court of
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