Scottish Government
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Previous convictions in court
A report which recommends prosecutors should be able to use previous convictions as evidence in criminal trials will be considered by the Scottish Government.
As the law stands, the prosecution in Scotland cannot rely upon previous convictions to help prove their case against an accused person.
The report is the final in a series of studies commissioned Scottish Law Commission aimed at ensuring an appropriate balance between the rights of the accused and the ability of the Crown to prosecute in the public interest.
Justice Secretary Kenny MacAskill said:
“I welcome this report from the Scottish Law Commission. In 2007, in order to strengthen public confidence in the justice system, I asked the Commission, with its track record of independent analysis and Scots Law reform, to look at specific issues relating to evidence and criminal procedure. This is the third and final report from the Commission in this area.
“Previous recommendations on Crown Appeals and Double Jeopardy have now been enacted in law and prosecutors are currently reviewing cases which can be prosecuted anew under the Double Jeopardy Act as a consequence.
“Taken together, this comprehensive programme of reform has taken significant steps towards improving the public’s confidence in the justice system and in ensuring that our criminal law is fit for the 21st century.
“Today’s report makes a strong case and I am grateful to the SLC for its thorough and authoritative work since 2007. I will consider the recommendations carefully.”
The first report, on Crown Appeals, was published in July 2008 and has been followed up by the enactment of sections 73-76 Criminal Justice and Licensing (Scotland) Act 2010.
The second report, on Double Jeopardy, was published in December 2009 and has been followed up by the enactment of the Double Jeopardy (Scotland) Act 2011.
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