Why Australia Should Adopt the English Model for Propensity and Bad Character Evidence: Rebalancing the Criminal Justice System in Favour of the Victims of Crime

Article

Hemming, Andrew and Hudson, Emma. 2024. "Why Australia Should Adopt the English Model for Propensity and Bad Character Evidence: Rebalancing the Criminal Justice System in Favour of the Victims of Crime." Criminal Law Journal. 47 (2), pp. 180-198.

Article Title	Why Australia Should Adopt the English Model for Propensity and Bad Character Evidence: Rebalancing the Criminal Justice System in Favour of the Victims of Crime
ERA Journal ID	33234
Article Category	Article
Authors	Hemming, Andrew and Hudson, Emma
Journal Title	Criminal Law Journal
Journal Citation	47 (2), pp. 180-198
Number of Pages	19
Year	2024
Publisher	Lawbook Co.
Place of Publication	Australia
ISSN	0314-1160
Web Address (URL)	https://search.informit.org/doi/10.3316/informit.T2024031700013701479904761
Abstract	In recent years Australian jurisdictions have reformed the admissibility of propensity evidence, most particularly for sexual offences against children, but have left the admissibility of bad character evidence untouched. This article argues that Australia should follow the English example and comprehensively reform both propensity and bad character evidence by adopting the seven gateways model found in setion 101 of the 'Criminal Justice Act 2003' (England and Wales), which makes it easier for the Crown to adduce propensity and bad character evidence into court. Australian law reform bodies and legal academics have virtually ignored this revolutionary development in England, which the authors argue is a major oversight that needs to be addressed in the context of rebalancing the criminal justice system in favour of the victims of crime.
Keywords	Criminal Justice System; Crime
ANZSRC Field of Research 2020	480401. Criminal law
Public Notes	Files associated with this item cannot be displayed due to copyright restrictions.
Byline Affiliations	School of Law and Justice

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