Evidence of bad character in criminal proceedings : report on a reference under section 3(1)(e) of the Law Commissions Act 1965
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Bibliographic Information
Evidence of bad character in criminal proceedings : report on a reference under section 3(1)(e) of the Law Commissions Act 1965
(Law Com., no. 273)
Stationery Office, 2001
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Note
"Presented to the Parliament of the United Kingdom by the Lord High Chancellor by Command of Her Majesty, October 2001"
"Cm5257"
Description and Table of Contents
Description
At present, evidence of previous misconduct (including previous criminal convictions) can only be brought forward in English and Welsh criminal courts in very limited circumstances. This Law Commission report proposes that these limitations should be modified. For example, the defence should be free to put forward evidence without fear of "tit for tat" disclosure of past, irrelevant misbehaviour by the defendant. The "previous" should be admissible as evidence, only to the extent that it is strictly relevant to the case. "Previous" which is "stale" or irrelevant, should not be admissible.
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