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Bad Character Practice Questions

Free NPPF Step 2 Bad Character questions with full answers, for Sergeant and Inspector candidates.

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About this topic

Bad character questions test the seven gateways for admitting a defendant's bad character and the separate rules for non-defendants.

Expect propensity under gateway (d), evidence between co-defendants under gateway (e), and the court's power to exclude evidence that would make proceedings unfair.

Key legislation and cases

  • Criminal Justice Act 2003, ss.98-113

Worked examples

Try each question before opening the answer. Every option is explained, because the exam usually turns on why the near-miss answers are wrong.

Worked question 1 of 2Standard

The prosecution in Craig's trial now seek to admit the same three previous burglary convictions through gateway (d) - propensity to commit offences of the same description or category. The defence argue the convictions are too old to be relevant. Which of the following correctly states the position?

  1. APrevious convictions are automatically excluded from gateway (d) if they are more than five years old.
  2. BPrevious convictions are admissible through gateway (d) only if they resulted in a custodial sentence.
  3. CPrevious convictions may be admitted through gateway (d) but the court must not admit them if it appears that admitting them would have such an adverse effect on the fairness of the proceedings that it ought not to admit them.
  4. DPrevious convictions are admissible through gateway (d) as a matter of course whenever they are of the same description or category as the offence charged - the court has no discretion to exclude them.
Show answer and explanation
Answer: C

Gateway (d) under s.101(1)(d) CJA 2003 allows bad character evidence to be admitted where it is relevant to an important matter in issue between the prosecution and defence, including propensity to commit offences of the same description or category under s.103. However, under s.101(3) CJA 2003 the court must not admit evidence through gateway (d) if it appears that doing so would have such an adverse effect on the fairness of the proceedings that it ought not to be admitted. Age is a relevant factor in that assessment but there is no automatic exclusion based on age.

s.101(1)(d), s.101(3), s.103 Criminal Justice Act 2003
s.101(3): The court must not admit evidence under subsection (1)(d) if, on an application by the defendant to exclude it, it appears to the court that the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.
  • A: There is no automatic five-year exclusion rule for gateway (d). Age is a relevant consideration in the fairness assessment under s.101(3) but convictions are not automatically excluded after any fixed period.
  • B: There is no requirement for the previous conviction to have resulted in a custodial sentence. The nature of the conviction and its relevance to propensity are the key considerations.
  • D: The court retains a mandatory exclusionary discretion under s.101(3) - it must not admit evidence through gateway (d) where admission would adversely affect the fairness of proceedings. Admission is not automatic.
Worked question 2 of 2Standard

Dean and Ward are jointly charged with robbery. Dean gives evidence and states that Ward planned the robbery alone and that Dean only became involved under Ward's pressure. Ward's barrister applies to adduce Dean's previous conviction for robbery. Which of the following most accurately states the legal position under s.101 CJA 2003?

  1. AThe evidence is admissible under gateway (d) because Dean's previous robbery conviction goes to his propensity to commit offences of the kind charged.
  2. BThe evidence is admissible under gateway (e) because it has substantial probative value in relation to an important matter in issue between Dean and Ward as co-defendants.
  3. CThe evidence is inadmissible because bad character evidence can only be adduced by the prosecution - a co-defendant has no power to adduce another defendant's bad character.
  4. DThe evidence is admissible under gateway (g) because Dean has attacked Ward's character by making Ward solely responsible for the robbery.
Show answer and explanation
Answer: B

Section 101(1)(e) CJA 2003 provides that bad character evidence is admissible where it has substantial probative value in relation to an important matter in issue between the defendant and a co-defendant. Under s.104, gateway (e) applies where the evidence goes to propensity to be untruthful or to commit an offence of the kind charged. Dean's previous robbery conviction is directly relevant to an important matter in issue between Dean and Ward - specifically Dean's credibility in asserting Ward planned it alone. Gateway (e) is the correct basis for co-defendant applications - not gateway (d) which is a prosecution gateway.

s.101(1)(e) and s.104 Criminal Justice Act 2003
s.101(1)(e) CJA 2003: In criminal proceedings evidence of the defendant's bad character is admissible if it has substantial probative value in relation to an important matter in issue between the defendant and a co-defendant.
  • A: Gateway (d) is used by the prosecution to adduce evidence going to propensity. It is not the appropriate gateway for a co-defendant - gateway (e) is the correct provision for co-defendant bad character applications.
  • C: Bad character evidence can be adduced by a co-defendant via gateway (e). It is not limited to the prosecution. Gateway (e) was specifically created to allow co-defendants to adduce each other's bad character where it is substantially probative of an issue between them.
  • D: Gateway (g) is used where a defendant has attacked another person's character - it is a prosecution gateway applying where a defendant attacks a witness. Ward's application here is a co-defendant matter properly governed by gateway (e), not (g).

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