Advertising and Sales Promotions Management - 2750 Words

Advertising and Sales Promotions Management (Term Paper Sample) Content: Executive SummaryThe report details a proposed marketing campaign for CCT hair products based on integrated marketing communication. The overall objective of the campaign is to influence the purchase behavior of the target audience positively and establishing long-lasting relationships between CCT and its consumers. The strategic decisions in question include targeting, creating the message, selecting media, and establishing momentum. The target audience includes informed beauty professionals who value product quality, safety, and reliability alongside the use of natural ingredients. As a result, the proposed message highlights the appealing quality, safety, reliability, and natural ingredients used in CCT products. The media mix to communicate this message entails traditional media that are brand-oriented and emerging media that are behavior-oriented. The brand building media will involve broadcasting and print while the behavior-oriented media will involve the inter net platform. Further, sales promotion will be used to augment the behavior orientation of the online platform. All elements of the promotional mix will contain a consistent message that is customer focussed and aligned to the objectives of the integrated marketing communication campaign. Contents TOC \o "1-3" \h \z \u  HYPERLINK \l "_Toc357091268"
Introduction  PAGEREF _Toc357091268 \h
3 HYPERLINK \l "_Toc357091269"
Objectives and Strategic Decisions  PAGEREF _Toc357091269 \h
3 HYPERLINK \l "_Toc357091270"
Target Audience  PAGEREF _Toc357091270 \h
4 HYPERLINK \l "_Toc357091271"
Promotional Mix  PAGEREF _Toc357091271 \h
4 HYPERLINK \l "_Toc357091272"
Message  PAGEREF _Toc357091272 \h
4 HYPERLINK \l "_Toc357091273"
Message Appeal  PAGEREF _Toc357091273 \h
4 HYPERLINK \l "_Toc357091274"
Media Mix  PAGEREF _Toc357091274 \h
5 HYPERLINK \l "_Toc357091275"
Coverage  PAGEREF _Toc357091275 \h
5 HYPERLINK \l "_Toc357091276"
Broadcast Media  PAGEREF _Toc357091276 \h
6 HYPERLINK \l "_Toc357091277"
Print Media  PAGEREF _Toc357091277 \h
6 HYPERLINK \l "_Toc357091278"
Support Media: Internet-based  PAGEREF _Toc357091278 \h
6 HYPERLINK \l "_Toc357091279"
Sales Promotion  PAGEREF _Toc357091279 \h
7 HYPERLINK \l "_Toc357091280"
Techniques to be Used  PAGEREF _Toc357091280 \h
7 HYPERLINK \l "_Toc357091281"
Conclusion  PAGEREF _Toc357091281 \h
7 HYPERLINK \l "_Toc357091282"
References  PAGEREF _Toc357091282 \h
8 IntroductionMarketing in the 21st century not only entails traditional strategies and media, but must also take account of emerging media and changes in paradigm from a product focus to a consumer focus. Firms require well laid out plans combining the strengths of available advertising and promotional avenues and offsetting weaknesses to target a given market, leading to the rise of integrated marketing communication. Kitchen and Burgmann (2010, p. 2 ) defines integrated marketing communication as an approach that values comprehensive planning, focussing on the strategic role of various communication disciplines to provide message clarity, consistency, and maximum impact of communication. In integrated marketing communication, the process is audience-focussed, channel-centered, and results-driven. This approach to marketing communication will be useful in enabling CCT establish presence with its beauty products in the market. The current discussion explores various aspects of integrated marketing communication for CCTs hair products. The study presents the objectives of CCTs marketing campaign and identifies the target audience. A discussion of the promotional mix to support the proposed advertising strategy the follows, analyzing the message, message appeal, media mix, coverage, broadcast media, print media, support media, sales promotion, and techniques to be used.Objectives and Strategic DecisionsThe proposed marketing campai gn will have an overall aim of positively influencing the behavior of the target audience, driving the audience to purchase CCTs hair products, and establishing longevity in the relationship between CCT and its consumers. In this case, the target audience entails professionals in the beauty market and third party professionals. This aligns with the focus of integrated marketing communication on target audiences to action, rather than merely building brand awareness and enhancing consumer attitudes as happens in traditional marketing communication (Keller 2010, pp. 819-820). The objectives supporting the achievement of the overall aim are as follows.To design a message that will appeal to and drive the target audience toward a purchase decision.To establish an appropriate and effective promotional mix consisting of broadcast, print, and support media alongside sales promotion.To propose the techniques for executing the proposed marketing strategy.To ensure that the marketing campaign achieves a long-term relationship between the firm and the target consumers.The proposed marketing campaign will entail a number of strategic decisions on the part of the manager in charge of the campaign. In this case, the main strategic decisions concern aspects such as product positioning, targeting, creating the message, selecting media, and establishing momentum (Christensen, Firat, Torp 2008, pp. 423-425). According to Kalafatis, Tsogas, Blankson (2000, p. 416), positioning represents the key feature or image that the product has in the target audiences collective mind. Closely related and interdependent, targeting allows the campaign to deliver the message precisely, preventing wastage of coverage to non-targeted audiences. In this case, the positioning of the CCT hair products will focus on their high quality and safety for beauty professionals. The campaign will be targeted at professional beauticians in urban and suburban settings that are inclined to the digital world a nd still use traditional media. The steps of establishing the target audience and marketing message, selecting media, and establishing momentum constitute the next sections of the discussion.Target AudienceThe market for hair products entails purchasers for use at home and professional beauticians whose business relies on cosmetic products. Given that beauty professionals play a crucial role in influencing the purchase behavior of their clients (at-home users), CCTs target audience primarily consists of such beauty professionals. Integrated marketing communication entails a shift from product focus to consumer focus, where marketing concentrates on an outside-in approach in all aspects of communication (Kitchen Burgmann 2010, p. 4). As a result, an analysis of the target audience goes beyond basic demographic and geographic considerations, but also analyzes behavioral and psychographic considerations (Christensen, Torp, Firat 2005, pp. 157-158). In this case, the target audience o f beauty professionals consists of postmodern consumers who practice informed consumerism. They are well aware of what they need in products, which entails high quality and safety standards alongside product reliability for beauty professionals (Kumar, Massie, Dumonceaux, 2006, p. 285). Such beauty professionals are in the driving seat of the natural ingredients revolution in products in the hair, face, and body product categories (Dimitrova, Kaneva, Gallucci 2009, pp. 1155-1158). Further, postmodern consumers not only seek knowledge on the product, but also expect the producer to portray the same standards in quality, safety, and reliability.Promotional MixMessageAccording to Kitchen, Schultz, Kim, Han, and Li (2004), the message of an integrated marketing campaign should be dictated by the brands positioning strategy and aligned with the communication objectives for the designated target audience. In this case, the message should arise from the previous stages of establishing th e marketing campaign, namely objectives, positioning, and targeting. Failure to align with the three strategic decisions results in a message that does not communicate the purpose of the campaign, leaves the brands position ambiguous, and does not target the desirable audience precisely. Further, the aspect of integration means that the message has to be unified in all avenues selected in the media mix. This means that the message has to be the same throughout the promotional mix.The message for the proposed marketing campaign will be that CCTs hair products contain natural ingredients and provide the safety, quality, and reliability that every professional beautician needs. This message aligns with the overall objective of positively influencing consumer behavior, as discussed in the next section of message appeal. Further, the aspects of safety, quality, reliability, and natural ingredients fulfill the positioning and targeting requirements discussed earlier. The image of safety, quality, reliability, and type of ingredients encapsulate the meaning and distinctiveness from competitive brands, which defines CCTs position. The narrow focus on beauticians helps in targeting the message.Message AppealProctor and Kitchen (2002, p. 151-152) describe the concept of a postmodern consumer, which has led to the paradigm change from traditional marketing that is product-focussed and through mass media to integrated marketing that is consumer-focussed and involves emerging media. The postmodern market target exhibits behavior that is informed consumerism, requiring information on what the firm behind the product stands for, what values the product personifies, and what the product does (Christensen, Torp Firat 2005, p. 157). The message in a marketing campaign should align with these... Advertising and Sales Promotions Management - 2750 Words Advertising and Sales Promotions Management (Term Paper Sample) Content: Executive SummaryThe report details a proposed marketing campaign for CCT hair products based on integrated marketing communication. The overall objective of the campaign is to influence the purchase behavior of the target audience positively and establishing long-lasting relationships between CCT and its consumers. The strategic decisions in question include targeting, creating the message, selecting media, and establishing momentum. The target audience includes informed beauty professionals who value product quality, safety, and reliability alongside the use of natural ingredients. As a result, the proposed message highlights the appealing quality, safety, reliability, and natural ingredients used in CCT products. The media mix to communicate this message entails traditional media that are brand-oriented and emerging media that are behavior-oriented. The brand building media will involve broadcasting and print while the behavior-oriented media will involve the inter net platform. Further, sales promotion will be used to augment the behavior orientation of the online platform. All elements of the promotional mix will contain a consistent message that is customer focussed and aligned to the objectives of the integrated marketing communication campaign. Contents TOC \o "1-3" \h \z \u  HYPERLINK \l "_Toc357091268"
Introduction  PAGEREF _Toc357091268 \h
3 HYPERLINK \l "_Toc357091269"
Objectives and Strategic Decisions  PAGEREF _Toc357091269 \h
3 HYPERLINK \l "_Toc357091270"
Target Audience  PAGEREF _Toc357091270 \h
4 HYPERLINK \l "_Toc357091271"
Promotional Mix  PAGEREF _Toc357091271 \h
4 HYPERLINK \l "_Toc357091272"
Message  PAGEREF _Toc357091272 \h
4 HYPERLINK \l "_Toc357091273"
Message Appeal  PAGEREF _Toc357091273 \h
4 HYPERLINK \l "_Toc357091274"
Media Mix  PAGEREF _Toc357091274 \h
5 HYPERLINK \l "_Toc357091275"
Coverage  PAGEREF _Toc357091275 \h
5 HYPERLINK \l "_Toc357091276"
Broadcast Media  PAGEREF _Toc357091276 \h
6 HYPERLINK \l "_Toc357091277"
Print Media  PAGEREF _Toc357091277 \h
6 HYPERLINK \l "_Toc357091278"
Support Media: Internet-based  PAGEREF _Toc357091278 \h
6 HYPERLINK \l "_Toc357091279"
Sales Promotion  PAGEREF _Toc357091279 \h
7 HYPERLINK \l "_Toc357091280"
Techniques to be Used  PAGEREF _Toc357091280 \h
7 HYPERLINK \l "_Toc357091281"
Conclusion  PAGEREF _Toc357091281 \h
7 HYPERLINK \l "_Toc357091282"
References  PAGEREF _Toc357091282 \h
8 IntroductionMarketing in the 21st century not only entails traditional strategies and media, but must also take account of emerging media and changes in paradigm from a product focus to a consumer focus. Firms require well laid out plans combining the strengths of available advertising and promotional avenues and offsetting weaknesses to target a given market, leading to the rise of integrated marketing communication. Kitchen and Burgmann (2010, p. 2 ) defines integrated marketing communication as an approach that values comprehensive planning, focussing on the strategic role of various communication disciplines to provide message clarity, consistency, and maximum impact of communication. In integrated marketing communication, the process is audience-focussed, channel-centered, and results-driven. This approach to marketing communication will be useful in enabling CCT establish presence with its beauty products in the market. The current discussion explores various aspects of integrated marketing communication for CCTs hair products. The study presents the objectives of CCTs marketing campaign and identifies the target audience. A discussion of the promotional mix to support the proposed advertising strategy the follows, analyzing the message, message appeal, media mix, coverage, broadcast media, print media, support media, sales promotion, and techniques to be used.Objectives and Strategic DecisionsThe proposed marketing campai gn will have an overall aim of positively influencing the behavior of the target audience, driving the audience to purchase CCTs hair products, and establishing longevity in the relationship between CCT and its consumers. In this case, the target audience entails professionals in the beauty market and third party professionals. This aligns with the focus of integrated marketing communication on target audiences to action, rather than merely building brand awareness and enhancing consumer attitudes as happens in traditional marketing communication (Keller 2010, pp. 819-820). The objectives supporting the achievement of the overall aim are as follows.To design a message that will appeal to and drive the target audience toward a purchase decision.To establish an appropriate and effective promotional mix consisting of broadcast, print, and support media alongside sales promotion.To propose the techniques for executing the proposed marketing strategy.To ensure that the marketing campaign achieves a long-term relationship between the firm and the target consumers.The proposed marketing campaign will entail a number of strategic decisions on the part of the manager in charge of the campaign. In this case, the main strategic decisions concern aspects such as product positioning, targeting, creating the message, selecting media, and establishing momentum (Christensen, Firat, Torp 2008, pp. 423-425). According to Kalafatis, Tsogas, Blankson (2000, p. 416), positioning represents the key feature or image that the product has in the target audiences collective mind. Closely related and interdependent, targeting allows the campaign to deliver the message precisely, preventing wastage of coverage to non-targeted audiences. In this case, the positioning of the CCT hair products will focus on their high quality and safety for beauty professionals. The campaign will be targeted at professional beauticians in urban and suburban settings that are inclined to the digital world a nd still use traditional media. The steps of establishing the target audience and marketing message, selecting media, and establishing momentum constitute the next sections of the discussion.Target AudienceThe market for hair products entails purchasers for use at home and professional beauticians whose business relies on cosmetic products. Given that beauty professionals play a crucial role in influencing the purchase behavior of their clients (at-home users), CCTs target audience primarily consists of such beauty professionals. Integrated marketing communication entails a shift from product focus to consumer focus, where marketing concentrates on an outside-in approach in all aspects of communication (Kitchen Burgmann 2010, p. 4). As a result, an analysis of the target audience goes beyond basic demographic and geographic considerations, but also analyzes behavioral and psychographic considerations (Christensen, Torp, Firat 2005, pp. 157-158). In this case, the target audience o f beauty professionals consists of postmodern consumers who practice informed consumerism. They are well aware of what they need in products, which entails high quality and safety standards alongside product reliability for beauty professionals (Kumar, Massie, Dumonceaux, 2006, p. 285). Such beauty professionals are in the driving seat of the natural ingredients revolution in products in the hair, face, and body product categories (Dimitrova, Kaneva, Gallucci 2009, pp. 1155-1158). Further, postmodern consumers not only seek knowledge on the product, but also expect the producer to portray the same standards in quality, safety, and reliability.Promotional MixMessageAccording to Kitchen, Schultz, Kim, Han, and Li (2004), the message of an integrated marketing campaign should be dictated by the brands positioning strategy and aligned with the communication objectives for the designated target audience. In this case, the message should arise from the previous stages of establishing th e marketing campaign, namely objectives, positioning, and targeting. Failure to align with the three strategic decisions results in a message that does not communicate the purpose of the campaign, leaves the brands position ambiguous, and does not target the desirable audience precisely. Further, the aspect of integration means that the message has to be unified in all avenues selected in the media mix. This means that the message has to be the same throughout the promotional mix.The message for the proposed marketing campaign will be that CCTs hair products contain natural ingredients and provide the safety, quality, and reliability that every professional beautician needs. This message aligns with the overall objective of positively influencing consumer behavior, as discussed in the next section of message appeal. Further, the aspects of safety, quality, reliability, and natural ingredients fulfill the positioning and targeting requirements discussed earlier. The image of safety, quality, reliability, and type of ingredients encapsulate the meaning and distinctiveness from competitive brands, which defines CCTs position. The narrow focus on beauticians helps in targeting the message.Message AppealProctor and Kitchen (2002, p. 151-152) describe the concept of a postmodern consumer, which has led to the paradigm change from traditional marketing that is product-focussed and through mass media to integrated marketing that is consumer-focussed and involves emerging media. The postmodern market target exhibits behavior that is informed consumerism, requiring information on what the firm behind the product stands for, what values the product personifies, and what the product does (Christensen, Torp Firat 2005, p. 157). The message in a marketing campaign should align with these...

Similar Fact Evidence - Free Essay Example

The law of evidence is a system under which facts are used to determine the rights and liabilities of the parties. Evidence proves the existence of facts in issue or infers them from related facts. One of the fundamental considerations of criminal evidence law is the balance of justice to the accused against wrongful convictions, ensuring a fair trial and fairness to the victim. Since stakes in criminal trials are generally high, prosecution would have to prove the accuseds guilt beyond a reasonable doubt. Since similar fact evidence as evinced in s  11(b), 14 and 15 of the Evidence Act(EA) can be highly prejudicial to the accused, and yet play an important role in proving culpability, it should be reformed to clarify its scope of application under the EA and reflect the common laws prejudicial propensity balancing test. 2. Similar Fact Evidence A. Background Similar fact evidence is not directly connected to the case but is admitted to prove the existence of facts in issue due to its general similitude.The worry that the trier of facts would convict the accused based solely on evidence of prior conduct has generally led to the inadmissibility of such evidence in the trial as this is severely prejudicial. This concern is amplified in bench trials. Studies have suggested that judges were as influenced as laypersons when exposed to inadmissible evidence, such as prior convictions, even when they held that these evidences were inadmissible.  [6]  This is despite strong confidence in the judges ability to remain neutral to the inadmissible facts.  [7] Hence, the accuseds past similar offence or behaviour is inadmissible as similar fact evidence based on pure propensity reasoning would colour the courts ability to assess the evidence [objectively].  [8] Nonetheless, the mere prejudicial effect of such evidence does not render it inadmissible. It may be highly relevant, especially when such evidence is used to determine whether the acts in question were deliberate or to rebut a defence that could have been available.  [9] B. EA Under s  5 of the EA, a fact is only relevant if it falls within one of the relevancy provisions  [10]  stated in s  6 to s  10 of the EA. These provisions govern specifically the facts in issue, i.e. determinant facts that would decide whether the accused is guilty according to the substantive law governing that offence.In addition, s  11(b) was enacted to be the residuary category for the relevancy provisions. In contrast, similar fact evidence is primarily administrated by s  14 and s  15 as it is concerned with conduct that is merely similar in nature to those facts in issue  [13]  . s  14 is applicable only when the state of mind of the accused is in issue. Similar fact evidence is admissibl e to prove mens rea or to rebut the defence of good faith.  [14] s  15 deals with similar fact evidence that forms a series of similar occurrences to prove the mens rea of the accused,  [15]  and enables the prosecution to produce evidence to rebut a potential defence otherwise open to the accused.  [16] Admission of similar fact evidence under the EA is based on a categorization approach  [17]  , where such evidence is admissible pursuant to the exceptions stated in the EA  [18]  . Hence, similar fact evidence should only be admissible to prove the mens rea of the accused under s  14 and 15.  [19] Significantly, Singapore, India, Malaysia and Sri Lanka have identical s  11, 14 and 15 provisions in their respective Evidence enactments. With the exception of the Indian Evidence Act  [20]  , the three sections have not been amended since the 19th century.  [21] C. Case Law Interpretation of Similar Fact Evidence in EA Singapo re courts have not strictly adhered to the draftmans intention in recent cases.  [22]  The court has incorporated common laws balancing test  [23]  where the judge would balance between the probative and prejudicial effect of the similar fact evidence.  [24] In Lee Kwang Peng v PP  [25]  , scope of similar fact evidence was extended to prove actus reus. Pursuant to s  11(b), the court was of the view that the section embodied  [26]  the balancing test. Hence, similar fact evidence is admissible to prove both mens reas and actus reus.  [27]  Although readily admitting that this would be contrary to the draftsmans intention, then Chief Justice Yong held that the EA should be a facilitative statute rather than a mere codification of Stephens statement of the law of evidence  [28]  . The courts, until Law Society of Singapore v Tan Guat Neo Phyllis  [29]  (Phyllis Tan), were generally of the opinion that they had the discretion to exclude evide nce substantially unfair to the accused.  [30] D. Under the Criminal Procedure Code Act (2010)  [31]  (CPC) s  266 of CPC, dealing specifically with stolen goods, allows previous convictions of the accused to be admitted to rebut his defence of good faith and/or prove mens rea. However, notice would have to be given to the accused before adducing such evidence  [32]  . E. In Comparison to Common Law Unlike the EA, admissibility of criminal evidence at common law is exclusionary. As long as the evidence is logically probative, it is admissible unless it contravenes clear public policy or other laws.  [33] In Makin v A-G for NSW  [34]  , Lord Herschell formulated the two-limbed rule governing the admissibility of similar fact evidence. Under the first limb, the prosecution is not allowed to adduce similar fact evidence for pure propensity reasoning. However, under the second limb, evidence of the accuseds past conduct is admissible if relevant to the facts in issue via the categorization approach.  [35] Boardman v PP  [36]  reformulated these rules by incorporating the balancing test. Under this test, the probative force of the similar fact evidence must outweigh the prejudicial effect. Furthermore, such evidence should be strikingly similar, such that it would offend common sense if the evidence is excluded.  [37] However, the requirement of striking similarity was deemed to be too narrow in DPP v PP  [38]  . Instead, sufficient probative force could be gleaned from other circumstances  [39]  . Nonetheless, similar fact evidence used to prove identity must be sufficiently special to portray a signature or other special feature that would reasonably point to the accused as the perpetuator of the crime.  [40]  Hence, similar fact evidence is admissible to establish actus reus  [41]  . F. Defects of EA Singapore courts have incorporated common law principles and extended the applicability of similar fact evidence to prove actus reus. This has resulted in inconsistencies between the draftsmans intention and the courts approach. Further, there are some ambiguities that require clarification. First, there are difficulties superimposing the Boardmans balancing test into s  11, 14 and 15  [42]  as the EA was drafted to suit the categorization approach. The court would have to admit evidence falling under either section even if it may not be very probative or is highly prejudicial. Hence, s  14 and s  15 address only the probative part of the balancing test and leave no room for prejudicial effect considerations.  [43]  As a result, judicial discretion to exclude very detrimental evidence was developed.  [44] Second, although allowing similar fact evidence to prove actus reus would require the judge to evoke an additional step of inference  [45]  , limiting the use of this evidence to prove mens rea would allow extremely probati ve evidence to be excluded  [46]  . Third, admissibility rules under the EA do not distinguish situations where the accused adduced similar fact evidence unintentionally. An injurious consequence would result if the prosecution is entitled to use such evidence.  [47] Fourth, under s 15, a single act, no matter how probative, is inadmissible.  [48]  However, this does not take into account the consideration that an act may be capable of supporting the argument based on the rarity of circumstances  [49]  . Fifth, the courts have admitted similar fact evidence pursuant to s  11  (b) although it may not be pertinent to the facts in issue. Hence, EA should be amended to provide safeguards against such usage of s  11(b). Lastly, in light of Phyllis Tan  [50]  , more protection against admissibility of similar fact evidence should be incorporated into the EA. 3. Possible Options A. Survey of the other Jurisdiction (1) Australia Uniform Evidence Acts  [51]  (UEA) Under UEA, propensity evidence and similar fact evidence are governed by the tendency rule in s 97 and the coincidence rule in s  98. (a) Tendency Rule Evidence pertaining to the character, reputation, conduct or a tendency that the accused possessed is inadmissible unless (a) notice is given to the accused and (b) the evidence has significant probative value. Although UEA does not state how probative the evidence has to be, probative value of the evidence is defined the extent to which the evidence could rationally affect the assessment of the probability of the existence of a fact in issue.  [52]  Operation of s  97 would be invoked when the evidence is adduced for the purpose of proving the accuseds inherent tendency to act in a particular way.  [53] (b) Coincidence Rule As a general rule, evidence of related events which must be substantially and rele vantly similar  [54]   would be inadmissible unless notice is given and the court is convinced that it possesses significant probative value  [55]  . (c) Criminal Proceedings A safeguard was inserted in relation to criminal proceedings under s  101 where the probative value of either the tendency or coincidence evidence would have to substantially outweigh any prejudicial effect. However, the degree of probativeness need not  [56]  be of such a degree that only one conclusion, i.e. culpability of the accused, could be drawn  [57]  . (No rationale explanation test) (d) Analysis UEA clearly adopts the balancing test approach, where the probative effect of the evidence must substantially outweigh the prejudicial effect on the accused. Furthermore, the introduction of the notice system would reduce the prejudicial effect as the accused not be unduly surprised. However, as pointed out by the Australian Law Reform Commission, there is much ambiguity i n what constitutes significantly probative and when the probative effect will substantially outweigh the prejudicial effect. Significantly, in Australia, the trier of fact and law are different. Heavy reliance on the judges discretions, added with the ambiguity and wide application of the balancing test, would increase the risk of prejudice in bench trials. (2) India Statutory Amendments Some amendments to s  11, 14 and 15 of The Indian Evidence Act  [58]  , upon which the EA was modeled on  [59]  , had been made pursuant to a review in 2003.  [60]  However, the changes made were very minor.  [61] (a) Section 11 An explanation, inserted after s  11(2)  [62]  , qualified the type of evidence rendered relevant under s  11 such that the degree of relevancy is dependent on the opinion of the Court  [63]  . (b) Section 14 Clarifications to illustration (h) of s  14 were made such that the similar fact evidence has to show that A either had constructive or actual knowledge of the public notice of the loss of the property.  [64] (c) Section 15 The changes merely show that the acts made, pursuant to s 15, must be done by the same person.  [65] (d) Analysis It would appear that the amendments to the Indian Evidence Act do not have any substantial impact on the law. However, the amendment of s  11 explicitly mentions that the degree of relevancy of facts is subjected to the opinions of the court, which suggests an approach more in line with the balancing test. (3) England and Wales Criminal Justice Act 2003  [66]  (CJA) The admissibility of criminal evidence is presently governed entirely  [67]  by the CJA. Part II of CJA addresses the admissibility of bad character  [68]  evidence, which is defined as a persons disposition for a particular misconduct. Evidence of the defendants bad character can be adduced if it falls under one of the seven gateways unde r s 101(1)  [69]  . Significantly, under s 101 (1) (d), bad character evidence is admissible if it is relevant to an important issue between the defendant and the prosecution  [70]  . This includes the propensity to commit a particular type of offence which the accused is charged with or the propensity to lie  [71]  . Moreover, past convictions may be admissible to prove the defendants propensity to commit the crime he was charged with.  [72] Regardless, s  101 (3) allows the court to exclude evidence, falling under s 101  (1)(d), upon the application of the defendant if the court views that admission of such evidence would infringe on the fairness of the proceedings.  [73] The scope for the admissibility of bad character evidence has widened under the CJA.  [74]  In fact, evidence of bad character has changed from one of prima facie inadmissibility to that of prima facie admissibility  [75]  . Although, under s  103, bad charact er evidence would be inadmissible if it does not heighten the culpability of the accused, suggesting that the evidence must have some probative force, it appears that the CJA has abandoned the balancing test. Hence, similar fact evidence in the form of bad character evidence would be inadmissible if it lacks probative value in the establishment of the defendants culpability. However, s  101 (1), with the exception of s  101(1)(e), merely requires the evidence to be probative, without the need to outweigh prejudicial effect. 4. Proposal The EA would require more than a mere amendment. Hence, the type of reform advocated under the Indian Evidence Act should not be adopted. However, a radical change from the categorization approach to the balancing approach, following UEA, would give the court too much discretion. This is worrying as judges may not be entirely indifferent to inadmissible facts when deciding the case. On the other hand, the approach under the C JA would be contrary to Phyllis Tan  [76]  and potentially allows highly prejudicial similar fact evidence to be admissible as long as the prosecution can show some probative value which points towards the guilt of the accused. Hence, a hybridised model should be adopted where the categorisation approach under s 14 and s 15 is kept, but admissibility of such evidence must be subjected to the balancing test. A. Amendments (1) Changes to the Headings s  5 to s 16, under the general heading of Relevancy of facts, could be further sub-divided. First, s  5 to s  11 should be placed under a sub-heading of Governing Facts in issues  [77]  . Second, s  12 to s  16 could be placed under Relevancy of other facts sub-heading. This sub-division of the relevancy provisions would clarify the functions of each section and discourage courts from admitting similar fact evidence which does not have a specific connection with the facts in issue via s 11(b). (2) Incorporating balancing test Most importantly, EA should be amended to include the balancing test with guidance drawn from the UEA, such that the probative value of the similar fact evidence should substantially outweigh the prejudicial effect. However, the definition of substantially outweigh should be left undefined and allowed to develop under the common law. The courts could draw assistance from the Australian case law. (3) Proving Identity A provision could be inserted to the EA allowing similar fact evidence to prove that the accused was responsible for the offence. In addition to the balancing test, the provision should also reflect the proposition that that such similar fact evidence must satisfy the threshold test of being strikingly similar to the offence, almost akin to a signature or special feature of the accused. However, it is submitted that the extension of similar fact evidence to prove actus reus should be limited to the situation w here the identity of the perpetuator is in doubt. B. Clarifications (1) Similar fact evidence produced by the accused mistakenly It is proposed that such evidence should subjected to a higher standard of balancing test where the probative value substantially outweighs prejudicial effect. (2) Only prior convictions are allowed Prior acquittals should not be admissible as similar fact evidence as this would be unduly prejudicial to the accused. Furthermore, this could result in the undesirable situation whereby the accused is subjected to a second round of trials with regards to the prior charges. In relation to the type of prior convictions that should be allowed, the EA should incorporate the definitions found in s 103(2)  [78]  and s  103(4)  [79]  of the CJA. (3) Clarification of s. 15 s  15 should be extended to include single act or conduct of the accused to rebut the defendants defence of accident. However, in light of a potential d anger of placing too much importance on a single episode, a qualification, such as the no rationale reason  [80]  test, should be implemented along with the extension of s  15. 5. Additional Safeguards A system of notice, as seen in UEA, should be included into the EA. This reduces the prejudicial effect as the evidence would not be a surprise. Furthermore, this approach would be in line with the CPC, which has already adopted such a procedural reform. 6. Conclusion Regarded as one of the most difficult area of the law of evidence, similar fact evidence can serve as a double-edged sword. It has the potential to convict the accused although the facts do not relate to the facts in issue and is highly prejudicial to the defendant. In light of the rapid development of the rules governing the admissibility of similar fact evidence under the common law and the recent trend of common law countries codifying the test of admissibility into statutes, the EA should be reformed to reflect these developments, instead of relying on case law which can lead to inconsistency and uncertainty. Further, as information of a persons past is easily obtained with present technological advancements, safeguards against similar fact evidence should be incorporated so as to ensure a fair trial.