Criminal Law Week

The following article is written for Police Professional by the editors of Criminal Law Week. Criminal Law Week is used by criminal justice professionals – including police officers, the CPS, judges and lawyers – to stay up to date with changes in the criminal law. Published weekly, each issue contains a comprehensive and concise roundup of new developments regarding offences, police powers, and the rules of procedure and evidence. It also contains commentary placing key developments in context. Criminal Law Week is published both online and in hardcopy. The online service (which includes a fully searchable database and access to updated and annotated key criminal legislation) is available free of charge to all police officers as part of a PNLD subscription at www.pnld.co.uk. For more information about Criminal Law Week or a sample hard copy issue please visit www.criminal-law.co.uk or call 01483 414040.

Can evidence of gang membership be admissible as bad character evidence?

Yes, said the Court of Appeal in R v Elliott (Nathan) (CLW/11/05/1).

The defendant’s flat in Peckham was searched by police officers, who discovered 15 wraps (just under 3g) of cocaine in a jacket pocket and a larger quantity (just over 56g ) of cocaine in a holdall in a store cupboard. Also in the cupboard, they found a shortened shotgun and a Baikal pistol, the former in a smaller holdall and the latter wrapped in a sock. The cupboard was locked, but there were two keys in the flat and people other than the defendant could have had access to it.

The defendant initially admitted that the cocaine in the jacket pocket was his, but later claimed that this was a lie intended to protect other members of his family. He was charged with two offences of possession of a firearm with intent to endanger life, contrary to section 16 of the Firearms Act 1968, and two offences of possession of a Class A controlled drug with intent to supply, contrary to section 5(3) of the Misuse of Drugs Act 1971.

In relation to the drugs, the prosecution relied on:
(a)his initial admission in relation to the smaller quantity of cocaine;
(b)his accurate description, when asked what was in the jacket pocket, that it was “14 or 15 wraps of crack”;
(c)the fact that the holdall in which the larger quantity of cocaine was found was his holdall, and contained letters sent to him when he had been in custody;
(d)an expert analysis of the two quantities of cocaine, which showed that the chemical composition of each was similar but unusual; and
(e)evidence said to imply an intention to supply, such as electronic scales and razor blades which were found in the cupboard.

In addition, the prosecution sought to adduce, as bad character evidence, evidence said to demonstrate the defendant’s membership of one or more criminal gangs in Peckham said to be involved in drug and gun crime, including the PYG (the Pecknarm [Peckham] Young Guns) and the YBS (or Yellow Brick Shower), formerly the YBM (or Yellow Brick Massive). They argued that such evidence was admissible, under section 101(1)(d) of the Criminal Justice Act 2003, as being “relevant to an important matter in issue between the defendant and the prosecution”.

An officer, DC Whiteway, with considerable experience of the violent criminal gangs in areas of South London, including Peckham, gave evidence based on his own experience and knowledge about the existence of the gangs and about their insignia. In particular, he testified that the PYG was a violent gang whose members would use firearms if they thought it necessary, that a black-and-white bandana was an emblem of membership of the PYG and that another indication of such membership was the forming of a letter ‘P’ with the thumb and first two fingers.

He supported this evidence with certain images which he had downloaded from the internet, showing persons wearing black and white bandanas and making the ‘P’ sign.