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Home > Law > Law glossary > Law glossary
R v Bishop (1974)
Last modified: Thu Feb 23 16:37:37 2006
[1974] QB 274 (CA). The facts of this case are not particularly important --
what is interesting is the remarks made by the CourtOfAppeal about
EvidenceOfGoodCharacter and EvidenceOfBadCharacter. The Court of Appeal
upheld the ruling of the trial judge that the defendant, by
accusing a prosecution witness of being homosexual, had ``cast an
imputation'' on him, under the terms of s.1(3)(ii) of the
CriminalEvidenceAct1898. This meant the the defendant's own character
could become the subject of prosecution evidence.
It is hard to believe -- it is to be hoped -- that an allegation of
homosexuality would today be taken as an imputation, nor an
``attack on the character of another person'' in the terms of
the CJA2003.
Nevertheless, this case does show that, although evidence of
bad character mostly comprises evidence of previous criminal activity,
or evidence that someone tends to tell lies, these are not the
only kinds of behaviour that the courts consider evidence of
`bad character'.
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