Previous criminal convictions

backtothebooks

I'd appreciate it if anyone could shed some light on the above. In what circumstances, if any, can a defendants previous convictions be brought up in a criminal trial and is there any case law on the matter? Thanks in advance

MarkAnthony

backtothebooks wrote: »

I'd appreciate it if anyone could shed some light on the above. In what circumstances, if any, can a defendants previous convictions be brought up in a criminal trial and is there any case law on the matter? Thanks in advance

One of those times your user name is also the answer to the question!

I believe the 'door can be opened' in certain circumstances but I'd need to hit the books to be sure.

backtothebooks

MarkAnthony wrote: »

One of those times your user name is also the answer to the question!

I believe the 'door can be opened' in certain circumstances but I'd need to hit the books to be sure.

Cheers for that. I was chancing my arm that someone might have come across it recently and thus saving myself some research.....I may just bite the bullet and do some work:(

NoQuarter

Its section 1f of the Criminal Justice (Evidence) Act, 1924 I think?

"dropping the shield" its called.

Mr. Incognito

It cant be introduced until sentencing as it would prejudice a jury.

Theres looooooads of case law on it.

Read some

hullaballoo

There's a whole line of case law that says similar fact evidence can be adduced by the prosecution. Also, if evidence of good character is adduced by the accused, the prosecution can use evidence of bad character to rebut this.

Peregrinus

Mr. Incognito wrote: »

It cant be introduced until sentencing as it would prejudice a jury.

Theres looooooads of case law on it.

Read some

In general evidence of prior convictions is not admissible to prove the present charge, on the grounds that its prejudicial effect outweighs its probative value. But there are a number of exceptions to this, e.g. the "similar facts" rule, or where the defendant puts his own good character in evidence. The prosecution will have to invoke one of these exceptions if it wants to give evidence of prior convictions.

MarkAnthony

backtothebooks wrote: »

Cheers for that. I was chancing my arm that someone might have come across it recently and thus saving myself some research.....I may just bite the bullet and do some work:(

Hang around long enough with the right attitude, a group of lawyers can't resist if they know the answer. You just have to get past the sarcastic non-lawyers like me first! :pac:

backtothebooks

hullaballoo wrote: »

There's a whole line of case law that says similar fact evidence can be adduced by the prosecution. Also, if evidence of good character is adduced by the accused, the prosecution can use evidence of bad character to rebut this.

Thanks! I checked it out and you're 100% correct - Section 1(f)(ii) of the Criminal Justice Evidence Act 1924

backtothebooks

NoQuarter wrote: »

Its section 1f of the Criminal Justice (Evidence) Act, 1924 I think?

"dropping the shield" its called.

Thanks very much!

NoQuarter

YESSS - what do I win?