Relevance Of Accused Previous Convictions

Question 1

Previous convictions of accused are generally irrelevant and thus not admissible

Answer 1

S101 solemn

S166 summary

CP(S)Act 1995

Character evidence usually collateral

Question 2

Exceptions

Answer 2

266(4) a-c

275A where court has allowed questioning of complainer in sedums offences trial under s275

Question 3

Leggate
V
HMA

Answer 3

266(4)(b)

Defence in case alleging police had conspired to perfect course of justice

Court had to decide whether exception applied and thus allow evidence of priors to be led

Held applied: accusations had to go beyond that of lying, much more sinister accusation of behaviour on behalf of police

Question 4

Cordiner
V
HMA

Answer 4

Convicted of 3 charges. On date one alleged to have occurred, he was in prison for something else - alibi. Crown withdrew charge: claimed tactic to get him to disclose priors

Held miscarriage Of justice. Test is one of prejudice

Question 5

Sivero
V
HMA

Answer 5

Sever risk of prejudice, not remedied by judicial direction

Questioning by prosecution led to officer disclosing he knew accused and that he had previous, possibly similar convictions

On appeal held enough to prejudice trial, MoJ.

Question 6

Duncan
V
HMA

Answer 6

Trial for lewd and libidinous practises during which references were made to accusations of reset and of the accused always having been in prison

HC upheld sheriff refusal to desert prosecution as had applied correct test of prejudice.

Did not prejudice enough as to warrant abandonment