Bad Character

Bad Character

Monica Stevenson

Criminal Defence Barrister

25 Bedford Row

 

A thorough session on the practical steps you must be familiar with to navigate the law on bad character evidence

 

Three key areas

1. What is meant by Bad Character in the terms of the legislation?

2. Practical steps for the defence application

3. Resisting the prosecution application

 

Bad Character Applications

Legislation and Meaning

Practical Dos and Don'ts

Making or Resisting an Application

Extra Points

Misconduct and the Definition

CPR and CJA 2003

Commission of an Offence

Reprehensible Behaviour

Lies

Dishonesty

Drink

Drugs

Promiscuity

The Importance of understanding Bad Character

early in the case

Adducing non Defendant Bad Character

Bad Character relating to client

Prosecution applications

Disclosure

History

Facts

Gateway F Section 101

Clear instructions on past offending

Basis of plea

Sentencing

Factual matrix

Passage of Time

Age

Sentencing

Mens rea

Practical approach

Identify qualifying evidence early

Be Alive to the Facts

Lodge applications within time limits

to oppose or make application

Discuss With Client at All Stages

Constantly evolving issue through trial

Clear understanding for your s 100 application

Timing and deferral

Admitting bad character via the Seven Gateways

s 101 CJA 2003

False impression

Safeguards

Gateway G and D

s 101 ss (1)( 3)

Adverse effect

Excluding the evidence

Gateway D

Propensity

R v Mitchell

Directions to the Jury "In the Round"

 

Presented by Monica Stevenson who is a criminal defence Barrister with the 25 Bedford Row Crime Team

 

You are welcome to contact Monica Stevenson regarding your caseload by e mailing here

 

[email protected]