Monday, June 20, 2005

Bad Character

I have been inundated with bad character applications recently where the Prosecution are applying to have my Client's previous convictions made known to the Court of jury during the course of the trial. I have replied to each one in writing and have been dutifully waiting for the Court hearings to take place to deal with the issue of bad character prior to the trial.

Last week I had an application to deal with but as the Client's had been deported there was no point dealing with bad character as there was not going to be a trial.

Today I turned up to Court and it would seem that my forceful written submissions in replying to the bad character application had struck a chord. The Prosecution wanted further time to obtain a statement for the case that related to my Client's one and only conviction. I had suggested that it was woefully inadequate for the Prosecution to rely on a case summary and Police report, written before my Client had pleaded guilty to another type of offence, to suggest that his bad character should be known to the Court for having a propensity to commit an offence when the previous conviction did not suggest any element of propensity for an offence like the one he would soon go on trial for.

Despite me best efforts the Prosecution were given an adjournment to get their application in order. I pointed out to them that they might want to consider discontinuing my Client's case also as he was going on trial for a robbery where he had not been identified by the robbery victim as having committed the offence.

1 comment:

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