BAD CHARACTER AND HEARSAY  

 

 

The second of this month’s 2 presentations will be on Monday, 31st January and will consider the law regarding Bad Character and Hearsay – if you missed the earlier presentation in the month on Abuse of Process – the notes and the recording are still available.

The following 20 issues will be considered:

1 – The statutory framework concerning Bad Character – Sections 98 – 113 of the Criminal Justice Act 2003

2 – The statutory framework concerning Hearsay – Sections 114 – 136 of the Criminal Justice Act 2003

3 – Rule 20 of the Criminal Procedure Rules 2020 (as amended) – Hearsay Evidence

4 – Rule 21 of the Criminal Procedure Rules 2020 (as amended) – Evidence of Bad Character

5 – Attacking the character of a witness in the proceedings – the bar is set very high – the ‘enhanced relevance test’ – sometimes referred to as ‘enhanced probative value’

6 – Attacking the character of Crown witnesses (non-convictions) – the very important case of Braithwaite and the Queen [2010] EWCA Crim 1082

7 – Attacking the character of the defendant (non-convictions) – the very important case of R v Mitchell [2016] UKSC 55

8 – A case on Bad Character that should be read far more often than it is – the excellent pronouncements of the Lord Chief Justice on the issue of the types of conviction appropriate when cross-examining on truthfulness – Campbell and R [2007] EWCA  Crim 1472

9 – Does arguing self defence amount to an attack upon the character of someone else involved in the proceedings? – The decision in Lamaletie and the Queen [2008] EWCA Crim 314 and the decision in Regina v Kidd [2019] Crim 1439

10 – Important case-law highlighting the evidential point that the defendant has a propensity to commit the very offence for which he or she is about to be tried

11 – Section 114 of the Criminal Justice Act 2003 explored and, in particular, Section 114 (1) (d) – the admissibility of hearsay evidence where ‘the court is satisfied that it is in the interests of justice for it to be admissible’

12 – The statutory definition of hearsay – Section 115 of the Criminal Justice Act 2003

13 – Text messages – are they hearsay? – The recent case of R v Bedward [2021] EWCA Crim 721 saying much the same thing as the earlier authority of Twist and others v R [2011] EWCA Crim 1143

14 – The fascinating case of R v Brown [2019] EWCA Crim 1143 and the admissibility of a car registration number – res gestae and Section 114 (1) (d) of the Criminal Justice Act 2003

15 – The admissibility, or otherwise of the 999 call and body-cam footage under the res gestae exception to the rule against the admission of hearsay evidence

16 – Sections 119 (inconsistent statements) and 120 (consistent statements) explored and examined

17 – Unavailability of the witness under Section 116 of the Criminal Justice Act 2003

18 – The retention of the common law exceptions to the admission of hearsay evidence as retained by Section 118 of the Criminal Justice Act 2003

19 – Bad character and hearsay – resolution at the first hearing or time for reflection of these important evidential considerations

20 – Bad character and hearsay considerations at the police station stage of the investigation