Define: Evidence In Chief Of Bad Character

Evidence in chief of bad character refers to the presentation of information or testimony during a legal proceeding that portrays the character of a party or witness in a negative light. This evidence may include prior convictions, misconduct, or other behaviors that are deemed to reflect unfavorably on the individual’s credibility, reliability, or moral character. In some jurisdictions, evidence of bad character is admissible under certain circumstances, such as when it is relevant to issues in the case, like credibility or propensity to commit the alleged offense. However, the admission of such evidence is often subject to strict rules and safeguards to prevent unfair prejudice or the misuse of character attacks to undermine a person’s case. Additionally, judges have discretion to exclude evidence of bad character if its probative value is outweighed by its potential to unfairly prejudice the proceedings.

In a criminal trial, it is often the case that the prosecution wishes to impugn the character of the defendant by, for example, drawing the jury’s attention to his or her previous criminal convictions (see evidence of bad character). There have been a number of striking cases in which the defendant was acquitted when he or she would almost certainly have been convicted if the jury had known about his criminal past. However, it has until recently been a founding principle of English criminal law that a defendant’s criminal or disreputable past may not be put in front of a jury. It was felt that to do this would undermine the general presumption of innocence which is the birth right of every Englishman.

The position at common law was that the prosecution could adduce evidence of the defendant’s bad character only if the defendant put his own good character in issue (see putting character in issue) or under the rules on similar factual evidence. This evidence, if it was admissible at all, would only be admissible as evidence in chief since, by common law, the defendant was not allowed to testify at all. After the Criminal Evidence Act (1898), the defendant was able to testify and be cross-examined, and there were circumstances in which he could be cross-examined about his previous misconduct. However, this Act did not alter in any way the situation regarding evidence in chief—only cross-examination.

Under the Criminal Justice Act (2003), the situation is rather different. Evidence in chief of the defendant’s bad character can be adduced in the following circumstances:

1. when the parties are in agreement (s. 101(1)(a)).
2. when it is adduced by the defendant in his own testimony (most likely by accident) (s.101(1)(b))
3. when it is ‘important explanatory evidence’ (s.101(1)(c)), that is, important for an understanding of the case as a whole
4. when it goes to show the defendant’s disposition to commit offences of the same description or ‘category’ as the present charge (s.101(1)(d), 103(1)(a))
5. when it goes to show that the defendant is untruthful (s.101(1)(d), 101(1)(b))
6. when the defendant has given evidence that would undermine the defence of a co-defendant (s.101(1)(e))
7. it is necessary to correct a false impression given by the defendant (s.101(1)(f))
8. when the defendant has made an attack on another person’s character (s.101(1)(g))

The provision in s.103(1)(a)—evidence of a disposition to commit offences of the same description or category—is similar to the common-law provision that ‘similar fact’ evidence can be admitted. s.103(1)(a)—evidence necessary to correct a false impression—encompasses the common-law provision that the defendant’s bad character can be adduced if he puts his good character in issue, among other things. But note how many additional criteria there are under which evidence in chief of bad character may be admissible.

Note also that evidence of disposition, as a matter of disposition, includes evidence of past convictions for offences of the same description or ‘category. It is left to the Home Secretary to determine what categories of offence there shall be.

See also evidence of disposition, Cross-Examination As To Bad Character.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 10th April, 2024.