Bad Character Evidence
Q1 Best Answer: B
Previous convictions may be admitted as bad character evidence to show a propensity to commit offences of the kind charged. There is no rule that convictions become inadmissible simply because they are more than 10 years old. However, the age of the convictions is highly relevant to their evidential value. Five shoplifting convictions from 20 years ago may still be admissible, but a court is likely to regard them as carrying less weight because the defendant has remained conviction-free for a long period.
Why the other answers are wrong:
A. Incorrect. There is no automatic exclusion rule based on age alone.
C. Incorrect. Similar convictions are not automatically admissible. The court must still consider the statutory requirements and fairness.
D. Incorrect. The prosecution does not need the defence’s agreement before seeking to admit bad character evidence.
E. Incorrect. The bad character provisions apply in both the magistrates’ court and the Crown Court.
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Q2 Best Answer: A
By stating, “I’ve always been an honest person. I’d never steal anything,” the defendant has created a misleadingly favourable impression of his character. The prosecution may seek to correct that false impression by introducing evidence of previous convictions. The convictions for making off without payment are offences involving dishonesty and directly undermine the defendant’s claim.
Why the other answers are wrong:
B. Incorrect. The fact that the offences involve dishonesty helps their relevance, but the key reason for admissibility is that the defendant has given a false impression of his character.
C. Incorrect. Previous convictions do not have to be for exactly the same offence to be admissible.
D. Incorrect. Convictions from four and eight years ago are not automatically excluded because of their age.
E. Incorrect. There is no rule requiring a theft conviction within the last three years before bad character evidence can be admitted.
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