It frequently occurs that an individual, for whatever reason, can become involved in a criminal investigation or court proceedings before a Magistrates’ Court or Crown Court with the result that it is necessary to prove to the court that such individual is ‘of good character’.
A person finding themselves in such a position will most certainly wish to demonstrate that their evidence should be believed and it is unlikely they would involve themselves in criminal activity.
Sukhdip Randhawa of Kangs Solicitors comments upon the nature of ‘good character’ evidence to a court.
If you are facing prosecution for any alleged criminal offence, or anticipate being subject to criminal proceedings, it is essential that you seek immediate expert legal advice.
Kangs Solicitors is a top rank firm for criminal defence work by both the leading law directories, Chambers and Partners and the Legal 500 and our team is renowned for defending clients accused of crimes of every conceivable nature.
For an initial no obligation discussion please contact our team at any of our offices:
Good Character Considerations | Kangs Criminal Trial Procedure Solicitors
Pertinent considerations include:
- previous offending or receipt of a caution for an offence may result in the loss of a ‘good character’ direction by a Court, although it will still be able to exercise a wide discretion,
- a court will have a general discretion to treat a defendant as one of ‘good character’ in circumstances where any previous conviction(s) is not relevant to the alleged criminal conduct in question or, due to the passage of time since imposed, it is no longer allowed to be taken into account.
- in the recorded case of Vye (1993) some guidance principles emerged:
- a direction by the court as to the relevance of his ‘good character’ to a defendant’s credibility is to be given where he has testified or made pre-trial answers or statements,
- a direction by the court as to the relevance of the defendant’s ‘good character’ ‘to the likelihood of him having committed the offence charged is to be given, whether or not he has testified, or made pre-trial answers or statements’,
- where a defendant who is of ‘good character’ is jointly tried with a defendan of ‘bad character’, 1 and 2 above still apply.
How Can We Help? | Kangs National Criminal Defence Solicitors
If you are affected or concerned by any criminal allegations which you face, or anticipate having to face, or any issues concerning ‘good character’ please do not hesitate to contact us.
We welcome all enquires by email or telephone.
Our team of lawyers is available to meet at any of our offices in London, Birmingham or Manchester or alternatively we are happy to arrange a meeting via conferencing.