4. Cross examination of a defendant’s bad character

4. Cross examination of a defendant’s bad character

If a defendant decides to give evidence at trial, the prosecution is generally prohibited from cross-examining him on his bad character. This is often described as the “character shield” offered to the defendant. However, there are three situations where such a “character shield” would be “lifted”, as provided in section 54(1)(f) of the Criminal Procedure Ordinance (Cap.221):

1. To prove the offence charged requires the proof that he or she had committed or been convicted of such other offence;
2. He has personally or by his advocate asked questions of the prosecution witnesses with a view to establish his own good character, or has given evidence of his good character, or the nature of the defence is such as to involve imputation on the character of the prosecutor or prosecution witnesses; or
3. He has given evidence against any other person charged in the same proceedings.

In such an event, the defendant may be asked questions regarding:

• his previous convictions;
• whether he or she has been charged with any offence other than the offence charged;
• whether he or she committed any offence irrespective of whether he or she has been either convicted or charged with that offence;
• bad character generally.