Admitting "bad character" evidence: Further guidance on summing-up
22/07/2005
R v Edwards (2005) 149 S.J. 835, C.A. (29/06/2005). Farrhat Arshad provides a summary of this recently reported case where Lord Jusitice Rose gave further guidance on what a summing-up should contain further to the gudiance at paragraph 18 of Hanson.
R v Edwards (2005) 149 S.J. 835, C.A. (29/06/2005)
This case, along with three others (R v Fysh; R v Duggan; R v Chohan) were listed and heard together as they provided further examples to add to those previously considered by the Court of Appeal in R v Hanson & Ors [2005] EWCA Crim 824 and R v Bovell & Dowds [2005] EWCA Crim 1091 of the admissibility of bad character under sections 98 to 113 of the Criminal Justice Act 2003.
In his ruling, before giving consideration to each of the individual cases, Lord Justice Rose gave further guidance on what a summing-up should contain further to paragraph 18 of Hanson. He noted that the guidance in Hanson was not intended to provide a blueprint whereby departure from which would result in the quashing of a conviction.
Rather, he went on to clarify, what the summing-up must contain is : (i) a clear warning to the jury against placing undue reliance on previous convictions, which cannot, by themselves, prove guilt; and (ii) an explanation as to why the jury has heard the evidence and the ways in which it is relevant to and may help their decision, bearing in mind that relevance will depend primarily, though not always exclusively, on the gateway in section 101(1) of the Criminal Justice Act 2003, through which the evidence has been admitted. He provided an example where evidence admitted through gateway (g), because of an attack on another person's character, may be relevant or irrelevant to propensity, so as to require a direction on this aspect.
He concluded that provided the judge gives such a clear warning, explanation and guidance as to use, the terms in which he or she does so can properly differ. Thus, there is no rigid formula to be adhered to.
Farrhat Arshad appeared for Edwards, instructed by Robert Lizars Solicitors .
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