Chapter 15 Multiple Choice Questions

. In relation to 'bad character', s. 98 of the Criminal Justice Act 2003 provides that 'References in this Chapter to evidence of, or a disposition towards, misconduct on his part, other than evidence which - (a) has to do with the alleged facts of the offence with which the defendant is charged, or (b) is evidence of misconduct in connection with the investigation or prosecution of that offence'.

True

False

. What is the legal position once bad character evidence has been admitted in evidence?

It can be considered by a jury provided the judge has directed the jury that the evidence is admissible only for the purposes of assessing the accused's credibility, in relation to his/her attack on the credibility of the victims.

It can be considered by a jury in any way that is relevant. The 'gateways' govern the admissibility of evidence of bad character under the Criminal Justice Act 2003, but they do not limit the use which may be made of the evidence once admitted.

It can be considered by a jury provided the judge has directed the jury that the evidence is admissible only for the purposes of assessing whether the accused has committed the offence.

It can be considered by a jury in any way that is relevant, but the specific 'gateway' in the Criminal Justice Act 2003 through which it was admitted will determine to what relevant use the jury can put the evidence.

. Which of the following may amount to 'reprehensible behaviour' for the purposes of the Criminal Justice Act 2003?

Drinking to excess and taking drugs.

Self-harming and attempting suicide.

Shouting at a partner and being aggressive.

Violent rap lyrics.

. If the defendant gives evidence of his own bad character during his trial, what will be the possible consequences?

It will lead to evidence of his bad character being generally admissible in the proceedings.

It will lead to evidence of his bad character being generally admissible in the proceedings, unless he gave this evidence inadvertently or unintentionally.

It will have no effect. This is not one of the gateways under the Criminal Justice Act 2003.

It will have no effect, unless it is important explanatory evidence.

. Which of the following amounts to 'important explanatory evidence' under s. 101(1)(c) of the Criminal Justice Act 2003?

In a murder trial, where the accused asserted a defence of 'loss of self-control' on the basis that he had been told by the deceased that she was having an affair - evidence that the defendant had previously accused a former partner of having an affair and that the latter described the accused as 'jealous and controlling'.

In a trial where the defendant was accused of sexually assaulting his stepchildren - evidence that the defendant stepfather had placed a camcorder in the bathroom and placed sexual images of children on the family computer.

In a murder trial, where a mother was accused of murdering her 3-year-old son - evidence from the accused's mother and half-sister that the accused found it 'difficult to handle her son'.

In a trial where the defendant was accused of sexually assaulting his 9-year-old niece - evidence that the defendant had downloaded a number of sexually explicit photographs of girls of a similar age to his niece, in order to demonstrate his 'interest in sexual activity with underage girls'.

. A single previous conviction or act is enough to justify a finding of propensity for the purposes of gateway (d).

True

False

. Evidence of the bad character of a person other than the accused, (e.g. a prosecution witness) is admissible under s. 100 of the Criminal Justice Act 2003 by agreement or with leave, if it is important explanatory evidence, or if it has probative value in relation to an important matter in issue in the context of the case as a whole.

True

False

. Under s. 41 of the Youth Justice and Criminal Evidence Act 1999, defence advocates are not permitted to question a complainant about any past allegations that she has made, which relate to sexual offences and which the defence alleges are false.

True

False

. Does an abortion count as 'sexual behaviour' for the purposes of s. 41 of the Youth Justice and Criminal Evidence Act 1999?

Yes, therefore an advocate is never permitted to ask a complainant a question about past terminations.

No, otherwise it would not be possible, for example, to ask a mother whether she had been assisted by a person during a pregnancy when the foetus was showing signs of distress.

Yes, but questions are permitted if the abortion took place in the last 12 months.

No, not normally, but it would where a complainant is asked about an abortion to demonstrate that she is sexually promiscuous and thereby undermine her credibility.

. The prohibition on cross-examining complainants about 'sexual behaviour' includes the situation where an accused seeks to rebut or explain prosecution evidence regarding the complainant's sexual behaviour.

True

False

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