Evidence of Bad Character in Criminal ... - Law Commission

(1) rules on whether leave is required for evidence of bad character to be
admitted, or
(2) gives or withholds such leave, or
(3) rules on whether the case should be stopped because of such evidence
being contaminated,
it must give the reasons for the ruling in open court and those reasons must be
recorded. 19
Warnings to the jury
20. We conclude that the jury may need to be given warnings by the judge in two
situations: first, where no evidence has been adduced about the defendant’s
character and there is a danger of speculation about it; second, where there is a
danger that the jury will give undue weight to bad character evidence which is
admitted. 20
Severance of counts/informations
21. We recommend that where
(1) a defendant is charged with more than one offence,
(2) evidence of the defendant’s bad character is admissible on one of the
offences charged but inadmissible on another, and
(3) the defendant applies for the offences to be tried separately,
that application should be granted unless the court is satisfied that the defendant
can receive a fair trial. 21
GENERAL
22. We recommend that the above rules should apply where the criminal rules of
evidence currently apply, namely in courts-martial, summary appeal courts, the
Court-Martial Appeal Court and Standing Civilian Courts, and in naval
disciplinary courts and professional tribunals established by statute, but should
not affect coroners’ courts. 22
MICHAEL SAYERS, Secretary
8 August 2001
19 Para 17.15; cl 15 of the draft Bill.
20 Para 17.20.
21 Para 16.20; cl 12 of the draft Bill.
22 Para 17.23; cl 18 and Sched 1 to the draft Bill.
214
(Signed)ROBERT CARNWATH, Chairman
HUGH BEALE
STUART BRIDGE
MARTIN PARTINGTON
ALAN WILKIE