Character and similar fact evidence in the criminal trial

Abstract

Character evidence is a sphere of the law on evidence which extends beyond legal parameters to the very essence of human behaviour. As it is difficult for human behaviour to be categorised, this is precisely what makes evidence of character a dynamic area of evidence which requires the utmost flexibility. This thesis shall examine the rules governing evidence of character from a UK and a Maltese perspective. With respect to the UK practice, the development of this area of evidence may clearly be seen, due to a revamp of the rules previously envisaged in the 1898 Criminal Evidence Act. The 1898 Criminal Evidence Act is an essential consideration for this thesis as the present rules governing evidence of character under Maltese law are akin to those established in the now obsolete 1898 Act. Upon an examination and evaluation of the rules governing character, the defects and advantages of the same are extracted, and proposals ascertained. This thesis is divided into six chapters, which chapters cover three main themes related to the law on character evidence. The themes are good character, bad character and similar fact evidence. All three themes are examined from the Maltese practice as well as the UK point of view with the aim of identifying the advantages and pitfalls of the two jurisdictions. Upon an examination of both systems, a number of proposals are made in an attempt to ameliorate the rules currently applicable under Maltese law.