ABSTRACT

For evidential purposes, the term ‘character’ can refer to a person’s general reputation; their general disposition to behave in a particular way or to specific examples of misconduct, such as previous convictions. Character can be relevant to the credibility of a witness or, in the case of the defendant, the issue of whether he is guilty or not. Character evidence can be of both good character and bad character. There are special considerations, and hence special rules, governing character evidence of the defendant. The Criminal Justice Act 2003 introduced a new statutory regime to govern the admissibility of bad character of all witnesses, abolishing the common law rules in this area; the common law rules governing the admissibility of good character evidence of the defendant remains.