Call to reveal previous convictions

JUDGES and juries should be made aware of an accused’s previous convictions during trials, an influential law reform body has recommended.

The Scottish Law Commission believes the country should follow in the steps of other jurisdictions, including England and Wales.

In its Report on Similar Fact Evidence and the Moorov Doctrine, the commission concludes that present rules “lack both logic and coherence”.

Patrick Layden, QC, the lead commissioner on the project, said: “Evidence of how the accused has acted on another occasion is relevant to whether he has acted in a similar way in relation to the offence with which he is charged.

“It does not become irrelevant because he has been convicted on that other occasion.

“This report, if implemented, will ensure that the jury can consider all relevant information.”

Scottish Conservatives have cautiously welcomed the recommendation.

Chief whip John Lamont MSP said: “While it’s always appropriate that people are entitled to a fair trial, the Scottish Law Commission is correct in stating that the current rules for evidence are ‘illogical and arbitrary’.”