Podcast Location:
Download it here [file size: 20.3 MB]
Part of:
Criminal Law Bundle 2011 CPD Training Bundle
Categories:
Criminal Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This two-part podcast series is aimed at practitioners in criminal law who are involved in sexual offence cases. The series gives an overview of the issues of bad character in cases involving sexual offences, and the Defendant's propensity to commit the type of offence with which he is charged. It considers each of the gateways through which bad character evidence can be admitted, and the grounds upon which evidence of bad character will be excluded.

Outcomes:
After completing the course you will:
  • Have received an overview on the complex issues regarding bad character evidence, particularly in cases involving sexual offences, and the defendant’s propensity to commit such crimes;
  • Know the gateways through which evidence of bad character can be admitted as evidence;
  • Understand on what grounds a defendant or witness can apply to have evidence of bad character excluded;
  • Know the difference between the current rules on propensity and the old rules on similar evidence;
  • Understand the different directions that can be given to the jury by the judge and the different schools of thought on which they are based.
Level:
Specialist Difficulty: 5 of 5
Classification:
Legal Principles
Practical Guide
Sources and References:
  • Criminal Justice Act 2003;
  • R v Andreas 2010 EWCA Crim 2975;
  • R v Anthony Mcleish;
  • R v B 10th June 2011;
  • R v C 2007 (unreported);
  • R v Chopra 2006 EWCA Crim 2133;
  • R v Freeman; R v Crawford 2009 1 Cr App R 15;
  • R v Hanson; R v Gilmore: R v P 2005 2 Cr App R 21;
  • R v Mc Garvie 18th May 2011;
  • R v Weir 2006 2 All ER 570.
Tags:

In this two part podcast series we interview Felicity Gerry, a barrister at 36 Bedford Row, on the issues relating to a Defendant's bad character, particularly in cases involving sexual offences. The podcast gives an overview of the provisions of the Criminal Justice Act 2003, and considers the issues facing practitioners either defending or prosecuting.

Podcast added: 08/09/11

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