Gateway (d):

Gateway (d):

1. When it is relevant to an important matter in issue between the D and the prosecution (s.101(1)(d)

2. This is the most frequently used route for admitting bad character evidence.

3. Important matter means a matter of substantial importance in the case as a whole.

4. s.103 states what a matter in issue between D and P is: (a) the question whether the D has a propensity to commit offences of the kind for which he is charged, except where his having such a propensity makes it no more likely that he is guilty of the offence. (b) the question whether D has a propensity to be untruthful, except where it is not suggested that D's case is untruthful in any respect.

5. A D's propensity to commit offences of the kind of which he is charged nay be established by evidence that he has been convicted of (a) an offence of the same description as the one with which is charged or (b) an offence of the same category as the one with which he is charged.

6. s.103(4) states that two offences of the same description are so if the statement of the offence in a written charge or indictment would, in each case, be in the same terms. If D is charged with rape, evidence that he has previously been convicted of rape may be admissible to show propensity to commit the kind of offences of which he is charged.

7. s.103(4)(b) states that two offences are of the same category as each other if they belong to the same category of offences prescribed for the purposes of this section by an order made by the Sec of State.