Attack on another's character and the power to exclude (CJA 2003 s.101(1)(g) and (3))

Under s.101(1)(g) of the Criminal Justice Act 2003, a defendant's bad character is admissible if he has made an attack on another person's character. Section 106 explains that this includes asking questions in cross-examination intended to elicit evidence attacking another's character and an imputation made when questioned under caution; an allegation that an officer planted drugs is an allegation of an offence and of reprehensible behaviour. Gateway (g) is therefore open. However, s.101(3) provides that the court must not admit evidence under gateway (d) or (g) if, on the defendant's application, it appears that its admission would have such an adverse effect on the fairness of the proceedings that it ought not to be admitted. Under s.101(4) the court must have regard in particular to the time between the matters in the evidence and the offence charged; convictions 14 years old will weigh in that assessment.

Why A is wrong: Section 101(1)(g) and s.106 contain no exception for attacks that form part of the defence case.

Why B is wrong: Section 101(3) applies to both gateways (d) and (g).

Why C is wrong: Section 101(3) gives a specific statutory test (and duty) to exclude, so s.78 is not the only route.

Why D is wrong: The prosecution relies on gateway (g); old theft convictions do not have to fit gateway (d) to be adduced.