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25/10/2004
Child sex juries to hear of certain previous convictions
In a major shake-up of criminal trial procedure, previous convictions will be revealed to juries in child sex cases, the Home Office has announced today.
Under an order laid before Parliament today, people convicted of child sex or theft offences can expect to have their record revealed in court if they are charged again with similar offences.
The move sidesteps the current position in which evidence of a defendant's bad character is generally inadmissible in ongoing criminal proceedings. Safeguards will exist to ensure fairness – in particular a court will retain the discretion to exclude evidence where it concludes the prejudicial effect on the jury would be "greater than its probative value".
This order paves the way for the implementation of more general "bad character provisions" in the Criminal Justice Act 2003 by the end of the year. The provisions will apply to all types of offences.
The measures are designed to enable juries to have much "greater access to information" about a defendant's previous convictions and other misconduct, where "such information is relevant and likely to throw new light on a case without unduly prejudicing the fairness of the trial".
Home Secretary David 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 reforms aim to "strike a proper balance" between ensuring on the one hand that magistrates and juries are able to take account of the widest range of relevant evidence when deciding cases, and on the other, that any convictions are made on a safe and solid basis of evidence.
The bad character provisions of the Act are due to be implemented in full in mid-December.
(gmcg/sp)
Under an order laid before Parliament today, people convicted of child sex or theft offences can expect to have their record revealed in court if they are charged again with similar offences.
The move sidesteps the current position in which evidence of a defendant's bad character is generally inadmissible in ongoing criminal proceedings. Safeguards will exist to ensure fairness – in particular a court will retain the discretion to exclude evidence where it concludes the prejudicial effect on the jury would be "greater than its probative value".
This order paves the way for the implementation of more general "bad character provisions" in the Criminal Justice Act 2003 by the end of the year. The provisions will apply to all types of offences.
The measures are designed to enable juries to have much "greater access to information" about a defendant's previous convictions and other misconduct, where "such information is relevant and likely to throw new light on a case without unduly prejudicing the fairness of the trial".
Home Secretary David 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 reforms aim to "strike a proper balance" between ensuring on the one hand that magistrates and juries are able to take account of the widest range of relevant evidence when deciding cases, and on the other, that any convictions are made on a safe and solid basis of evidence.
The bad character provisions of the Act are due to be implemented in full in mid-December.
(gmcg/sp)
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