Evidence of bad character
(3rd edition)
Edited by J. R. Spencer
This
is the third edition of J R Spencer's now well established book which seeks to
explain this area of law for the benefit of judges, criminal practitioners and
academics teaching the law of evidence.
In
the past, the rule excluding evidence of the defendant's general bad character
and disposition to commit the offence was sometimes described as one of the
most hallowed rules of evidence; Lord Sankey, in Maxwell v DPP, referred to it
as '...one of the most deeply rooted and jealously guarded principles of our
criminal law.' In reality it was not particularly ancient, and as the years went
by it was increasingly attacked. On technical grounds the body of law
surrounding it was criticised as over-complicated and inconsistent, and more
radical critics condemned it as unduly favourable to the guilty. In response to
this, the law was completely recast in Part 11 of the Criminal Justice Act
2003. This book, now again updated to take account of further legislative
changes, case-law and academic writing, offers a thorough analysis of the bad
character provisions of the Criminal Justice Act 2003 in the light of the way
in which they have been interpreted by the courts.
