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. Which of the following statements is correct?

Criminal Justice Act 2003 covers the previous character of defendants but not those of non-defendants correct incorrect

The bad character of the defendant may be admissible only if he testifies correct incorrect

The definition of good character is contained within the Criminal Justice Act 2003 (CJA) correct incorrect

Good character may be evidence of lack of guilt (propensity) and of trustworthiness as a witness (credit) correct incorrect

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. Which of the following sections defines bad character evidence?

S101(3) Criminal Justice Act (CJA) 2003 correct incorrect

S107(5)(b) CJA 2003 correct incorrect

S98 CJA 2003 correct incorrect

S78 PACE 1984 correct incorrect

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. Which of the following statements is correct?

In R v Edwards (2006) evidence of a cartridge found in the defendant's garden was inadmissible under s 98(a). correct incorrect

Section 98 does not cover 'bad character' of non-defendant witnesses. correct incorrect

S 99 abolishes the common law definition of good character correct incorrect

The Explanatory Notes which accompanied the CJA include evidence of prior acquittals as potentially included within the definition of bad character correct incorrect

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. T is on trial for rape. He gives testimony in his own defence and states that the claimant had consented. He has no criminal record and no prior reprehensible conduct alleged, admitted or proven. How should the judge direct on his character?

T's good character is only relevant to credit correct incorrect

T's good character is relevant to credit and propensity correct incorrect

T's good character is relevant to neither credit nor propensity correct incorrect

T's good character is only relevant to propensity correct incorrect

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. S101(1) CJA 2003 contains seven 'gateways' to admissibility of bad character evidence of the defendant. Which of the following statutory sections is correctly cited in the four 'gateways' below?

S101(1)(g) The defendant has made an attack on another person's character. correct incorrect

S101(1)(a) The evidence is adduced by the defendant. correct incorrect

S101(1)(d) It is evidence to correct a false impression given by the defendant correct incorrect

S10(1) 1(e) It is relevant to an important matter in issue between the defendant and the prosecution correct incorrect

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. Which of the following statements about s98 Criminal Justice Act 2003 is correct in its reference to behaviour of the defendant which is not included in the definition of his bad character?

It cites both evidence of misconduct in connection with the investigation or prosecution of the offence for which he is charged and also behaviour which has to do with the alleged facts of the case correct incorrect

It cites only behaviour which has to do with the alleged facts of the case correct incorrect

It refers to ' important explanatory evidence'. correct incorrect

It cites only evidence of misconduct in connection with the investigation or prosecution of that offence correct incorrect

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. There are a number of differences between the admissibility of what was called 'similar fact' evidence under the common law and the statutory provision under the Criminal Justice Act 2003 (CJA) concerning the propensity to commit offences of the same kind. Which of the following statements is correct?

There is no discretion to exclude evidence under s101(1)(d) correct incorrect

The prosecution and defence may rely on s101(1)(d) correct incorrect

The length of time since the passing of the offence is not a permissible reason for considering excluding prior convictions correct incorrect

Since the passing of the CJA the courts are aware of Parliament's intention to increase the instances of admissibility of bad character evidence correct incorrect

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. Andrew is arrested and questioned about benefit fraud. At his pre- trial interview he wore a T shirt which proclaimed the logo that he was a 'FOOD BANK VOLUNTEER'. At his trial he wore a blazer which had across the pocket the inscription 'School Prefect'. Andrew has a conviction for shop lifting. The prosecution plan to demand admissibility of his prior conviction since A is creating a false impression. How should the judge direct?.

The judge should direct that A's appearance or dress can constitute a false impression whether this is given at the pretrial interview or at trial. His criminal record may therefore be admitted and is relevant to his credibility. correct incorrect

The judge should direct that A's dress at the trial but not at the interview is evidence to create a false impression and so his criminal record may be admitted. correct incorrect

The judge should not refer to A's dress as it is not relevant to his character. correct incorrect

The judge should direct that A's appearance or dress can constitute a false impression whether this is given at the pretrial interview or at trial. His criminal record may therefore be admitted and is relevant to his credibility and to propensity correct incorrect

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. One of the gateways to the admissibility of the bad character evidence of the defendant is that he has made an attack on another person's character. From the following list select the provision that describes the current law as found in s101(1)(g) and s106 of CJA.

An attack may be made on any person whether a witness or not and whether alive or dead correct incorrect

The attack may be made on a non-testifying witness correct incorrect

The attack may not be made pre-trial correct incorrect

Allegations to do with the alleged facts of the offence do not constitute an attack under this section correct incorrect

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. Jack is charged with burglary from Pamela's house. It is alleged he climbed in through the open window and stole bottles of wine. Jake denies the charge and says he was invited by Pamela to come round and watch an illicit pornographic film and that she later gave him the wine bottles to take away. At the trial may Pamela be cross-examined by the defence about the claim that she invited him to watch pornography?

Yes, but only with leave of the court correct incorrect

Yes, and leave of the court is not needed correct incorrect

No because it has no relevance correct incorrect

Only if Pamela agrees correct incorrect