Section 98 of the Criminal Justice Act 2003 (CJA) defines bad character as ‘evidence of, or a disposition towards misconduct…’ In plain language, ‘bad character’ means evidence of misconduct, and/or evidence of a disposition towards misconduct, and/or evidence of a reputation for misconduct.

(a) Character Evidence. (1) Prohibited Uses. Evidence of a person’s character or character trait is not admissible to prove that on a particular occasion the person acted in accordance with the character or trait. (2) Exceptions for a Defendant or Victim in a Criminal Case. The following exceptions apply in a criminal case:

But what can make character evidence trickier is that even when it is admissible, there are specific rules about the type of character evidence that is allowed. This article provides a road map so that trial lawyers can know the what, when, and how of character evidence.

Bad character evidence is evidence of, or a disposition towards misconduct; other than evidence which has to do with the alleged facts of the offence with which the defendant is charged or is evidence of misconduct in connection with the investigation or prosecution of that offence. [4]

These are examples of ‘bad character’ evidence which can be used by both the prosecution and defence in a variety of ways and for various specific purposes. Bad Character is defined in the Criminal Justice Act 2003 as follows: (b) is evidence of misconduct in connection with the investigation or prosecution of that offence.