Brooks v Metropolitan Police Commisioner
| Jurisdiction | England & Wales |
| Judge | Lord Justice Kennedy |
| Judgment Date | 25 April 2005 |
| Neutral Citation | [2002] EWCA Civ 407 |
| Docket Number | Case No: B2/2001/0753, 0754, & 0912 CCRTI and 2001/0753/A FC3 |
| Court | Court of Appeal (Civil Division) |
| Date | 25 April 2005 |
COURT OF APPEAL Criminal Divison
Before Lord Justice Rose, Mr Justice Gibbs and Mr Justice Stanley Burnton
Criminal evidence - providing bad character evidence
The rules as to the giving of notice in relation to convictions and other bad character evidence had to be complied with to ensure that all parties provided information good time.
The system for the preservation and storage of information concerning convictions needed to be reconsidered in the light of recent provisions relating to bad character contained in the Criminal Justice Act 2003.
The Court of Appeal, Criminal Division, so stated in refusing applications by:
(i) Kelvin Anthony Bovell for leave to appeal against his conviction on January 27, 2005 at Woolwich Crown Court (Judge Moss and a jury) of wounding with intent for which he was imprisoned for five and a half years; and
(ii) Peter Andrew Dowds against his conviction on January 28, 2005 at Nottingham Crown Court (Miss Recorder Dix-Dyer and a jury) of burglary for which he was sentenced to be detained for two years in a young offender instirution.
Mr Jon Anders, assigned by the Registrar of Criminal Appeals, for Bovell; Mr Bruce Houlder, QC and Miss Verna Vyas for the Crown.
Mr Martin Hurst, assigned by the Registrar of Criminal Appeals, for Dowds; Mr Bruce Houlder, QC and Miss Sarah Knight for the Crown.
LORD JUSTICE ROSE, giving the judgment of the court, said that both applications for leave to appeal against conviction had been referred to the full court by the Registrar of Criminal Appeals.
Although they were unrelated they had been heard together because they provided further examples of the application of the bad character provisions in sections 98 to 113 of the Criminal Justice Act 2003 which were considered in R v HansonTLR (The Times March 24, 2005).
These cases provided no basis for further guidance but their Lordships thought it desirable to mention two additional matters:
1 It was necessary for all parties to provide information in relation to convictions and other evidence of bad character whether in relation to a defendant or to some other person in good time.
That could be achieved if the rules in relation to the giving of notice were complied with and it was worth mentioning that the basis of plea in relation to some earlier convictions might be relevant where it demonstrated differences...
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