# Bad character evidence in criminal proceedings

> **Key takeaway:** CJA 2003: bad character defined s.98. Defendant gateways s.101; non-defendant s.100. Propensity via important matter in issue. Fairness s.101(3)/PACE 78. Hanson guidance. CrimPR notice essential.

- **Jurisdiction:** England & Wales
- **Practice area:** Criminal
- **Last reviewed:** 2026-08-04
- **Interactive page:** https://kttclegal.info/library/notes/Criminal/bad-character-evidence
- **Keywords:** bad character, Criminal Justice Act 2003, section 101, propensity, Hanson, section 100, PACE 78, criminal evidence

## What is this about?

The Criminal Justice Act 2003 Part 11 transformed admissibility of bad character evidence of defendants and non-defendants. Gateways in s.101 (defendants) and s.100 (non-defendants) structure applications, with fairness exclusion under s.101(3)/s.103 and s.78 PACE still central.

## What is the core rule?

Bad character is evidence of, or a disposition towards, misconduct other than that related to the facts of the offence (CJA 2003 s.98). Defendant bad character is admissible only through s.101 gateways (e.g. important explanatory evidence; important matter in issue between defendant and prosecution including propensity; correction of false impression; attack on another's character). The court must not admit prosecution evidence under certain gateways if fairness requires exclusion (s.101(3)). Non-defendant bad character needs s.100 conditions (important explanatory evidence, substantial probative value on a matter in issue, or agreement).

## What are the elements or test?

1. Is the material 'bad character' or to do with the facts of the offence (s.98)?
2. Defendant or non-defendant?
3. Which s.101 gateway (D) or s.100 condition (non-D)?
4. Propensity: same description / relevant misconduct? s.103 directions?
5. Fairness exclusion (s.101(3) / PACE s.78)?
6. Notice requirements under CrimPR complied with?

## Which authorities matter?

- **Criminal Justice Act 2003, ss.98–113 (especially ss.100–103)** — Statutory scheme for bad character evidence.
- **R v Hanson [2005] EWCA Crim 824, [2005] 1 WLR 3169** — Court of Appeal guidance on propensity gateways and fairness.
- **R v Campbell [2007] EWCA Crim 1472, [2007] 1 WLR 2798** — Further guidance on directions where bad character is admitted.
- **Police and Criminal Evidence Act 1984, s.78** — Discretion to exclude prosecution evidence for unfairness — still used alongside the 2003 Act.

## How does this apply in practice?

Always serve/notice in accordance with Criminal Procedure Rules. Old similar-fact common law is largely superseded but informs fairness thinking. Keep bad character separate from hearsay applications (also CJA 2003).

## What are common pitfalls?

- Dumping previous convictions without identifying a gateway
- Ignoring s.101(3) fairness where propensity is weak and prejudice high
- Missing notice deadlines
- Confusing explanatory evidence with propensity

## When would a practitioner use this?

Prosecution applications to adduce convictions; defence resistance; summing-up on propensity.

## Quick reference

CJA 2003: bad character defined s.98. Defendant gateways s.101; non-defendant s.100. Propensity via important matter in issue. Fairness s.101(3)/PACE 78. Hanson guidance. CrimPR notice essential.

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*Reference material from [KTTC Legal](https://kttclegal.info/), not legal advice. Work product supports instructing solicitors and barristers under their supervision. England & Wales.*