Juries to be told of previous convictions
Juries could be informed of a defendant’s previous convictions, under new plans laid out by the Home Secretary David Blunkett.
A new order laid in Parliament today could see defendants’ previous convictions for theft and child sex cases made admissible as evidence in criminal trials, if they are charged with an offence in the same category.
Though the revelation of offences would not be automatic, the Government anticipates that there would be a “strong presumption” that the conviction should be revealed to the jury, where “such information is relevant and likely to throw new light on a case without unduly prejudicing the fairness of the trial”.
Under the current system, information about defendants’ previous convictions is generally inadmissible.
Announcing the proposals, Mr Blunkett said: “These reforms put victims at the heart of the justice system. Trials should be a search for the truth and juries should be trusted with all the relevant evidence available to help them to reach proper and fair decisions.
“The law has recognised for over a century that evidence of a defendant’s previous convictions and other misconduct may be admitted in some circumstances. But the current rules are confusing and difficult to apply, and can mean that evidence of previous misconduct that seems clearly relevant is still excluded from court.
“The categories I have introduced today – and further categories to be introduced in the future – will give judges clear guidance in applying the bad character provisions of the Criminal Justice Act 2003 in particular areas of offending.”
Ministers insist that there are safeguards in the new rules to ensure fairness, and courts will retain the right to exclude evidence “where it concludes the prejudicial effect on the jury would be greater than its probative value”.
Commenting on the proposals, which are likely to prove highly controversial, Tony Blair told his monthly press conference that the proposals are part of a “major rebalancing of the criminal justice system.to protect the rights of the victim” and would give more relevant information to juries and courts.
