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GATEWAY - D's BAD CHARACTER

1. All parties agree

2. D adduce himself

3. Important background evidence

MUST show that

jury/court would find it impossible/difficult to properly understand other evidence in the case w/o the BE

BE has substantial value in understanding the case as a whole

4. Relevant to important matter in issue between D and P

prosecution only

propensity to commit offences of the kind charged

propensity MAY be established by previous CONVICTION of an offence of the same description (same offence) /category (Theft/Sexual)

propensity to be untruthful (fraud, perjury etc)

making of false statements

giving of false evidence

D can apply to exclude evidence - admission have ADVERSE effect on FAIRNESS of proceedings that the court ought not to admit it (s101(3))

5. Has substantial probative value to matter in issue between D and co-D

defence only

MUST give notice to court, prosecution & other Ds - as soon as reasonably practicable & not more than 14 days after P discloses material on which application is based

6. Correct false impression

prosecution only

covers express/implied assertion

7. D attacked another person's character

prosecution only

D attacks by adducing evidence that other person committed criminal offence/behaved in a reprehensible way

MUST give written notice to court & defence - 28 days (MC), 14 days (CC) after not guilty plea

D can apply to exclude evidence - admission have ADVERSE effect on FAIRNESS of proceedings that the court ought not to admit it (s101(3))

* Previous offences committed < 14 years old - inadmissible, UNLESS

both previous conviction & current offence are TRIABLE ON INDICTMENT, and

in the interest of justice to admit the evidence

* Exclusion

must be made no later than 14 days after receipt of notice from P to adduce bad character

s 101(3)

D can apply to exclude evidence - admission have ADVERSE effect on FAIRNESS of proceedings that the court ought not to admit it

ONLY for (i) matters in issue between D and P, and (ii) D attacked character

s 78

GATEWAY - non-D's BAD CHARACTER

*** COURT'S LEAVE IS REQUIRED

1. Important explanatory evidence

2. Substantial probative value in relation to matter in issue in proceeding + substantial importance in the context of the case as a whole

evidence that deals with credibility

adduce non-D's previous conviction etc

3. All parties agree

application - applicant must apply - as soon as practicable, and not more than 14 days after P discloses material on which application is based

oppose application - must serve notice not more than 14 days after service of application

D's GOOD CHARACTER

D gave evidence and/or made exculpatory statements - full good character direction i.e. take into consideration GC while assessing D's credibility as witness + less likely that D would have committed the offence

D has not given evidence and not relying on exculpatory statements - ONLY less likely that D would have committed the offence

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Police detention period

- normal maximum DP = 24 hours from relevant time (earlier of - time which D arrives at 1st police station, or 24 hours after arrest)

- extension of DP applicable to INDICTABLE OFFENCES = up to 36 hours (Officer of Superintendent rank and above) / 96 hours (Magistrates Court)

- information relate to summary offence must be laid within 6 months of the time when the offence was allegedly committed

- indictable offence - no time limits apply