Posted: Mon Jun 04, 2012 9:21 am Post subject: Previous convictions
I am surprised that no-one has commented on the recent Law Commission recommendation that prosecutors should be able to use previous convictions as evidence in criminal trials.
Quote:
“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.”
http://www.scotland.gov.uk/News/R...12/05/previousconvictions23052012
Taken together with the double jeopardy legislation and issues like corroboration we are experiencing a campaigning government that is arguably defining justice as securing convictions at the expense of protecting the innocent. It could also be argued that the hand of the Crown Office can be seen at every turn.
Scotland’s record of miscarriages is not a proud one and it is unlikely that such recommendations unless carefully assessed will improve the situation.
This piecemeal reform is quite frankly dangerous and can quickly undermine the checks and balances required to ensure stability and equity in our justice system.
At a time when we are moving to a national police force we need to be extremely careful about ensuring that acountability and equality before the law are more than establishment platitudes.
everything seems geared at convictions at all costs from the Courts to the COPFS.
What is more worrying is Kenny MacAskill seems happy just to put his signature to all these proposals without any checks or sefeguards being proposed or put forward.
I once stupidly thought the courts were independent of Crown but having watched the nat Fraser trial and the hassle I got for wanting to take notes leaves me in no doubt they work hand in hand.
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