Character. Witnesses to speak to the good character of a prisoner may be called by him in his defence, and, if they speak to nothing else, it is the custom that the counsel for the prosecution should not reply. it is not allowable to state any particulars of the prisoner'' conduct, either in proof of his good or bad character; but if he call witnesses to his good character, a previous conviction against him maybe put in evidence. Witnesses to the bad character of prisoner can be called only to contradict witnesses to his good character, and evidence so called must be confined to general reputation, R. v. Rowton, (1865) 34 LJ MC 57. But a previous conviction may then be given in evidence in many cases, as in any case of an offence against the (English) Larceny Act, 1861 (24 & 25 Vict. c. 96), by s. 116 of that Act.
Questioning of Witness.--A witness may also be questioned as to whether he has been convicted of any felony or misdemeanour, and proof of his conviction may be given if he either denies or does not admit the fact, or refuse to answer.'(English) Criminal Procedure Act, 1865 (28 & 29 Vict. c. 18), applicable both to civil and criminal cases, ad to all courts.
Questioning of Accused.--By s. 1(f) of the (English) Criminal Evidence Act, 1898 (see that tile), a person charged with an offence, and called as a witness under that Act, must not be asked, and if asked need not answer, any question tending to show his commission of an offence not charged or that he is of bad character, unless (i.) proof of such offence is evidence of his guilt of the offence charged; or (ii.) 'he has personally or by his advocate asked questions of the witnesses for the prosecution with a view to establish his own good character, or has given evidence of his good character, or the nature or conduct of the defence is such as to involve imputations on the character of the prosecutor or the witnesses for the prosecution', see R. v. Bridgwater, (1905) 1 K B 131; or (iii.) 'he has given evidence against any other person charged with the same offence.'
No Obligation to give Servant Character.--A master is under no legal obligation (except in Ireland) to give his servant a character when asked, but if he gives one he must do so honestly, and his answer in prima facie privileged.
False Characters.--Giving false characters, whether verbal, R. v. Connolly, (1910) 1 KB 28, or not, to servants, is punishable under the (English) Servants Characters Act, 1792, (32 Geo. 3, c. 56), and the forgery of seamen's or soldiers' certificates of service or discharge, under the (English) Seamen and Soldiers False Characters Act, 1906 (6 Edw. 7, c. 5).