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Bank of Scotland fined ?45.5m over fraud failure. Agreement for the ongoing partie – section 101(1)(a)

Care should always be taken when it comes to exactly just what proof to adduce included in the Crown’s instance and whether a software for the admission of bad character evidence is essential. In some instances where there clearly was some question about whether evidence can probably be said become related to the alleged facts, it could be right for a software to be produced the point is when it comes to evidence become adduced either as essential proof that is explanatory evidence strongly related an essential matter in problem amongst the prosecution in addition to defendant.

Defendant Bad Character Proof

The Seven Gateways

The admissibility of proof that falls away from concept of bad character in the concept of part 98 is governed by area 101 associated with Act which supplies that

“In criminal procedures proof of the defendant’s bad character is admissible if, but as long as

  1. All events into the procedures consent to the data being admissible;
  2. The evidence is adduced by the defendant himself or is given in answer to a relevant concern expected by him in cross examination and designed to generate it;
  3. It’s important explanatory evidence;
  4. It really is strongly related a matter that is important problem between your defendant while the prosecution;
  5. This has significant probative value in regards to a significant matter in problem amongst the defendant and a co-defendant;
  6. It really is evidence to improve an impression that is false because of the defendant; or
  7. The defendant has made an assault on another person’s character. Continue Reading →