Relevance of previous convictions in magistrates court???

[cookiemosweets]

Hi All

My friend is due in magistrates court soon.
She is worried that a previous conviction from her early 20s will be brought up and make her seem a person of "bad character"
The offence was 17 years ago and outcome conditional discharge
I think this is highly unlikely but perhaps the prosecution could mention it and even if not relevant it would prejudice the magistrate???

Thanks in advance

[exdc]

Hello cookiemosweets

In criminal proceedings, evidence of the defendant’s bad character is admissible if, but only if—
(a) all parties to the proceedings agree to the evidence being admissible,
(b) the evidence is adduced by the defendant himself or is given in answer to a question
asked by him in cross-examination and intended to elicit it,
(c) it is important explanatory evidence,
(d) it is relevant to an important matter in issue between the defendant and the
prosecution,
(e) it has substantial probative value in relation to an important matter in issue between the
defendant and a co-defendant,
(f) it is evidence to correct a false impression given by the defendant, or
(g) the defendant has made an attack on another person’s character.

[exdc]

This is a fairly complex area of law to try and explain in the scope of such a 'thread', but basically if the prosecuting agent intends to adduce evidence of the defendants bad character during court trial, then a notice should be served on the defendant / defence at the time of 'Initial case disclosure' (for Magistrates court). This is the case papers submitted by the prosecution to the defence prior to court.

I agree with others that it is unlikely an application would be made or accepted for a conviction from 17 yrs ago bu thave a look at the initial disclosure papers etc.

[New Judge]

I don't think, exdc, that there is any chance at all that any attempt will be made to raise this as "evidence of bad character". Furthermore, if it such an attempt was made there is even less chance that the Magistrates would allow it to be admitted.

If it was disclosed either deliberately or accidentally during the trial (assuming there is to be a trial) or if it was disclosed after conviction it would not have the slightest influence on any decision (either verdict or sentence) that the Magistrates make.

After conviction the prosecutor would probably cover the issue by saying words to the effect "There is nothing known apart from a minor very dissimilar offence a number of years ago.”

As I said earlier, Cookie is worrying unnecessarily.

[exdc]

Hi New Judge

Yes I absolutely agree that the poster need not worry about this matter but like i say a defendant will be notified in advanced should an application be considered to use one of the seven 'gateways' to adduce propensity evidence.

[exdc]

hi