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Hearsay Admissability
CJA 2003, s.115: "a statement not made in oral evidence is admissible of a matter stated, BUT ONLY IF
a) this act or any other statutory provision makes it admissible;
b) any rule of law preserved by s.118 makes it admissible;
c) all parties to the proceedings agree it is admissible;
d) the court is satisfied it is in the interests of justice for it to be admissible.
Bad Character Evidence
Bad Character >> misconduct >> evidence of or a disposition towards the commission of an offence or other reprehensible behaviour
- except when the facts which pertain to the misconduct are to do with the offence with which the defendant is currently being charged.
Gateways:
a) agreement of all parties;
b) evidence adduced or elicited by the defendant;
c) important explanatory evidence - witness
d) important matter between prosecution and defence in issue;
e) important matter issue between co-defendants;
f) evidence to correct false impression;
g) attack on another person's character.
Allocation
Summary: first hearing at magistrates court, followed by plea entry. If they plead not guilty a trial date is set.
Either way: plea before venue, after which the first hearing is at the magistrates court which can either choose to convict under their jurisdiction or commit to the crown court. Under a Not Guilty plea, the venue is considered at the allocation hearing.
Indictable only: crown court only.
Allocation Hearing:
- application of s.19 Magistrates Court Act
---- look at previous convictions
---- assess which venue is most suitable
---- assess the adequacy of the Magistrates' sentencing powers
- consider allocation guidelines
- consider sentencing guidelines
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