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Dropping "The Shield"..

  • 25-05-2013 3:15am
    #1
    intospace
    Registered Users, Registered Users 2 Posts: 20 ✭


    I recently witnessed a hearing in a district court, where the accused gave evidence of his good character (charity work etc.) during his examination in chief. the prosecution then, during cross-examination, immediately put his previous convictions to him.

    is it a requirement for the prosecution in such circumstances to get consent from a judge before attempting to introduce specific evidence of an accused's bad character?


Comments

  • #2
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    This is the relevant section:
    Criminal Justice (Evidence) Act, 1924

    1.— (f) a person charged and called as a witness in pursuance of this Act shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed or been convicted of or been charged with any offence other than that wherewith he is then charged, or is of bad character, unless—

    (ii) he has personally or by his advocate asked questions of the witnesses for the prosecution with a view to establish his own good character, or has given evidence of his good character, or the nature or conduct of the defence is such as to involve imputations on the character of the prosecutor or the witnesses for the prosecution;

    As far as I am aware it is a discretionary matter and should be ran past the judge. It's probably more practice than a set rule though. Maybe the experienced criminal practitioners can clarify.


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