PRIOR CONVICTIONS COULD BE USED IN COURT

Embargo: Tuesday 21st December



Attn: NEWSDESKS


POLITICAL / JUSTICE CORRESPONDENTS

MAXWELL WELCOMES REVIEW OF EVIDENCE

A review of the use of prior convictions as evidence in court has been welcomed by SNP MSP Stewart Maxwell.

Prior convictions can not currently be presented as evidence in Scottish courts – however they can be used in England and can be used in sentencing in Scotland once someone has been convicted. The Scottish Law Commission today announced it will now look at the issue of using previous convictions.

SNP MSP and Justice Committee member Stewart Maxwell asked the Lord Advocate to review the situation following last year's Tobin case. Peter Tobin’s conviction for the murder of Vicky Hamilton was introduced as evidence, helping to explain the crime scene and establishing a pattern of behaviour which led to Peter Tobin’s conviction for the murder of Dinah
McNicol. In Scotland a jury would not have known that Mr Tobin had prior convictions for murder.

The SNP has already introduced legislation which would reform the law of double jeopardy allowing someone to be retried for a specific serious crime they had been cleared of if new evidence emerged.

Mr Maxwell, a member of the Scottish Parliament’s Justice Committee said:


“Justice must be done and done properly. There will be times when prior convictions are relevant to the case and should form part of the evidence used in a court.

“The trial and conviction of Peter Tobin in England last year for the murder of Dinah McNicol exposes the problems of the law in Scotland.


“In recent cases like Peter Tobin or Angus Sinclair, these killers have a clear modus operandi that could be valuable to a jury. In Scotland Peter Tobin’s previous convictions would not have been known to the jury – despite them directly relating to the case.

“A year ago I asked the Lord Advocate to consider changing the law in Scotland to allow prior convictions to be used in court and I am pleased she has reacted positively to my suggestion and the Law Commission is conducting this review.

“It is a complicated area and a series of safeguards will be required. I have suggested a pre trial hearing with a judge to decide if the evidence of prior convictions is relevant to the case and that this only applicable to the most serious offences.


“This is a welcome review and I hope will lead to a change in the law so that justice can be done properly.”

ENDS