An offence which may not be shown regardless of character that is bad obviously be one which would fall within area 98(a).

An offence which may not be shown regardless of character that is bad obviously be one which would fall within area 98(a).

An offense which may never be shown regardless of bad character would obviously be one which would fall within part 98(a). Samples of these would add driving whilst disqualified contrary to area 103 regarding the path Traffic Act 1988 or control of a firearm having formerly been convicted of a offense of imprisonment contrary to area 21 for the Firearms Act 1968 in which the fact of the previous conviction comprises an element regarding the actus reus.

The question of whether or not the evidence has to do with the facts of the offence is not always straightforward in other cases where proof of bad character is not an essential element of the offence. In R v McNeill 2007 EWCA Crim 2927 it was stated that

“the terms associated with statute ‘has related to’ are words of prima facie broad application, albeit constituting a expression which includes become construed within the general context for the bad character provisions of this 2003 Act…. It will be a sufficient working style of these terms if an individual stated they were reasonably contemporaneous with and closely associated with its alleged facts ” that they either clearly encompass evidence relating to the alleged facts of an offence which would have been admissible under the common law outside the context of bad character of propensity, even before the Act, or alternatively as embracing anything directly relevant to the offence charged, provided at any rate.

The nexus envisaged because of the court in McNeill had been temporal (declaration of a risk to kill made 2 days after a so-called offense of the danger to kill admissible beneath the regards to part 98). The nexus that is temporal endorsed in R v Tirnaveanu 2007 EWCA Crim 1239 where in fact the misconduct desired become adduced showed bit more than propensity (control of documents showing participation in unlawful entry of Romanian nationals of occasions other than susceptible to the offense charged-if admissible after all then through one of many gateways-see below). More modern authorities have actually recommended that a temporal requirement is but a proven way of establishing a nexus; therefore where in fact the proof is relied upon to determine motive, there’s absolutely no such temporal requirement (see R v Sule 2012 EWCA Crim 1130 and R v Ditta 2016 EWCA Crim 8). But, as to proof motive, see below – ‘important explanatory evidence’.

The case of R v Lunkulu 2015 EWCA Crim 1350 offers some assistance where it was stated that in this regard

“Section 98(a) included no necessary temporal certification and used to proof of incidents each time they happened as long as these were related to the so-called facts of this offense” (proof of past shooting and conviction for tried murder highly relevant to establish an on-going gang associated feud where in fact the problem had been identification).

There clearly was a fine line between proof believed to do utilizing the facts associated with the so-called offence and proof the admissibility of that may fall to be viewed through among the gateways. Therefore in R v Okokono 2014 EWCA Crim 2521 proof of a conviction that is previous control of the knife ended up being regarded as ‘highly relevant’ up to a cost of a gang associated killing applying section 98(a) but would likewise have been admissible under one of several statutory gateways. See also R v M 2006 EWCA Crim 193 where in actuality the complainant in a rape instance ended up being cross examined about why she had, after a rape that is alleged made no grievance and had found myself in an automobile together with her attacker. That type of questioning allowed proof of her account of past threats to shoot her belief that M possessed a weapon. The court said this proof ‘had to do with’ the facts for the offence that is alleged, or even, might have been admissible under gateway (c) as ‘important explanatory evidence’.