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Bad Character

Started by humanleech, October 12, 2006, 12:49:40 AM

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humanleech

Some of you may have been of the impression that other things you do aren't relevant if you're prosecuted for a crime. Well I was anyway. But no:

Quote1993 Criminal Justice Act:

Definition of bad character [which can be used against you in Court]

Section 98 defines "bad character" as evidence of, or of a disposition towards, misconduct. Misconduct means the commission of an offence or other 'reprehensible conduct' section 112.

The definition of bad character is wide enough to apply to conduct arising out of a conviction, or conduct where there has been an acquittal (R v Z [2000] 2 AC 483) and a person who has been charged with another offence, and a trial is pending, the use of the evidence relating to that charge in current proceedings.

'Reprehensible conduct' should be looked at objectively taking account of whether a particular kind of behaviour would be regarded as reprehensible by the public. The types of conduct that could come within this definition include: racism; bullying; a bad disciplinary record at work for misconduct; a parent who has had a child taken into care and of course minor pilfering from employers. Conduct that should not be regarded as reprehensible could include consensual sexual activity between adults of the same sex. The term 'reprehensible conduct' will avoid arguments about whether or not conduct alleged against a person amounted to an offence where this has not resulted in a charge or conviction.

The definition of 'bad character' is the same for defendants and non-defendants.

http://cps.gov.uk/legal/section13/chapter_u.html#01

So watch what you do, and for christ's sake don't be acquitted of any charge, because it may come to haunt you in the future.

But of course, juries can be trusted, can't they?