CBA Lecture: When Bad Character Bites

If evidence qualifies as ‘bad character’ then three significant consequences attach: the evidence is prima facie excluded unless a statutory exception applies, procedural requirements to make applications within strict time limits apply, and if it is admitted then a direction to the jury is required as to how they may use the evidence. Being able to identify when evidence meets the statutory definition of bad character (ss.98, 112 Criminal Justice Act 2003) is therefore vital so that potentially prejudicial evidence is properly handled and so that trials run smoothly without avoidable delays. In this talk Dr Matt Thomason will discuss the statutory definition of bad character and how this has been interpreted; identifying principles which will be of practical use when determining whether a bad character application is required.

Dr Matt Thomason is an Assistant Professor in the School of Law at the University of Nottingham. His expertise relates to the law of evidence and procedure in (English & Welsh) criminal trials, especially the rules relating to evidence of bad character and sexual history/behaviour. His research draws heavily on both theory and practice in examining the relationship between rules of evidence and the underlying purpose(s) of criminal trials, and how that relationship can be disrupted by the day-to-day reality of trial practice. He regularly contributes commentaries to the Criminal Law Review on Court of Appeal decisions concerning the law of evidence, and recently acted as a consultant on the Law Commission’s Evidence in Sex Offence Prosecutions project.