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Cross & Tapper on Evidence

Cross & Tapper on Evidence (13th edn)

Roderick Munday
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date: 03 October 2022

p. 381VIII. Bad character of the accusedlocked

p. 381VIII. Bad character of the accusedlocked

  • Roderick MundayRoderick MundayReader Emeritus in Law, University of Cambridge, Fellow Emeritus of Peterhouse, Cambridge, Bencher of Lincoln’s Inn

Abstract

This chapter takes up the discussion from the previous chapter by exploring the bad character of the accused. This subject matter is almost wholly governed by certain provisions in the Criminal Justice Act 2003. Thus, the chapter first considers the nature of the problem of the admission of evidence of the bad character of the accused; then attempts at reform, at common law, by recommendations of law reform bodies, and by legislation; an indication of the principal forms of continuing dissatisfaction; and finally the intentions and techniques designed to remedy them. Next, the chapter considers the structure of the bad character provisions from the 2003 legislation and the gateways it provides for admissibility. Finally, this chapter concludes with a brief appraisal of the 2003 act.

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