| It's a police state #4578654 19:59 - Apr 4 with 1108 views | Lord_Lucan |
It has always been that a person can plead not guilty to a charge without any previous misdemeanours being brought up so that the magistrates can hear a fair trial without being unfairly swayed by any previous wrongdoings.
Now it seems the police can simply introduce a bad character reference before the trial has started.
RIP fair trials. |  |
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| It's a police state #4578654 on 20:04 - Apr 4 with 1067 views | WD19 |
Is this a metaphor encouraging us to give Pardew a fair chance? |  | | |
| It's a police state #4578654 on 20:36 - Apr 4 with 969 views | witchdoctor |
I know for a fact that’s the case...magistrates are basicly plod lackeys..🙄 |  | | |
| It's a police state #4578654 on 22:24 - Apr 4 with 842 views | charlie1 |
Copied this from the CPS website. Introduced in 2003 by the looks of it. Not a new thing at all.
“Bad Character of Defendants
Admissibility
There is a two stage test for admissibility:
1. The evidence must be admissible through one or more of the seven gateways set out in section 101 Criminal Justice Act 2003:
(a) all parties to the proceedings agree to the evidence being admissible;
(b) the evidence is adduced by the defendant himself or is given in answer to a question asked by him in cross examination and intended to elicit it;
(c) it is important explanatory evidence;
(d) it is relevant to an important matter in issue between the defendant and the prosecution, which includes:
whether the defendant has a propensity to commit offences of the kind with which he is charged, except where such propensity makes it no more likely that he is guilty of the offence(section 103(1)(a) Criminal Justice Act 2003);
whether the defendant has a propensity to be untruthful, except where it is not suggested that the defendant's case is untruthful in any respect (section 103(1)(b) Criminal Justice Act 2003);
(e) it has substantial probative value in relation to an important matter in issue between the defendant and a co-defendant;
(f) it is evidence to correct a false impression given by the defendant; or
(g) the defendant has made an attack on another person's character.
2. The evidence is admissible if it falls within section 101(1) (a) (b) (c) (e) and (f) Criminal Justice Act 2003. Where the evidence falls with section 101(d) or (g) it is admissible unless, on application by a defendant, it has such an adverse effect on the fairness of the proceedings that the court ought not to admit it.” |  | | |
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