Previous Convictions; Will the Court Know About Mine?
If you are being sentenced, the court will be aware of, and may take into account, any convictions you have. Whether this has any impact upon the sentence passed will very much depend on the date of those convictions and the relevance of any to the more recent offending.
If you plead not guilty, the court or jury can only be made aware of any convictions in certain circumstances. The relevant law is known as the ‘bad character provisions”.
What are the circumstances?
Prior to these provisions being introduced the court could be made aware of any bad character by way of similar fact evidence. So, for example, if a burglar had a particular or unusual way of committing offences, an ‘MO’, the detail could be given to the trial court. Whilst there were other ways in which evidence of bad character could be admitted, the general presumption was against evidence of previous convictions being used.
The new provisions expanded on the old law.
A defendant’s previous convictions may be admitted in court in the following circumstances:
- all parties agree
- a defendant introduces them himself
- it is relevant to an important matter in issue between the defendant and the prosecution
- there is substantial probative value in relation to an important matter in issue between the defendant and a co-defendant
- it is necessary to correct a false impression given by the defendant
- the defendant has made an attack on another person’s character
If you said in evidence when charged with theft, that you would never steal anything, and you had convictions for theft, it would mean the court is likely to be told about them.
If you called the prosecution witness a liar, you might find your convictions before the court.
As with the old law, any convictions based on your ‘MO’ could also be introduced. So, if you have previous convictions for burglary and are now charged with burglary, the prosecution may apply to admit this evidence.
Does this only apply to defendants?
You can also make an application for the bad character of a non-defendant or witness to be out before the court in certain circumstances.
How can we help?
The law in respect of the bad character provisions is extremely complicated. There is extensive case law on the subject and this article is a very brief overview. Some practitioners are of the view that there is little that can be done to avoid bad character evidence being admitted. However, this is not something that we agree with. No concession should be made unless and until a detailed analysis of the circumstances has been carried out.
We can oppose any application on your behalf or make an application for a non-defendant’s character to be introduced.
We have the knowledge and experience to make these arguments on your behalf and guide you through the process.
The introduction, or otherwise, of any convictions may play a crucial part in the outcome of any trial. If you would like to discuss any aspect of your case, please contact John Howey on 020 73881658 or jhowey@jfhlaw.co.uk
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Appeal from the Magistrates Court
Convicted Before A Magistrates’ Court – Can I Appeal?
Many people convicted before magistrates feel aggrieved at the outcome, and wish to consider an appeal.
A grievance may arise because they think that their case was not prepared correctly, or that the court reached the wrong result.
For many people, a conviction could be a major barrier to employment or travel overseas, even where the offence itself is relatively minor.
The court process is far from perfect. If you have a grievance, it is only right and proper that you consider your options.
So, what can I do about it?
The first thing to remember is that you must act quickly as you only have 21 days from the date of sentencing to appeal your conviction – you should not delay in contacting us.
If more than 21 days have passed, then get in touch as soon as possible as we can advise on ‘out of time appeals’.
When you contact us, we will also be able to consider whether other avenues of appeal, namely judicial review and appeal by way of case stated (both to the High Court) are more suitable.
I pleaded guilty, can I appeal?
You might be able to appeal against ‘conviction’ if you pleaded guilty, but only if your plea is ‘equivocal’. In this instance, there are two remedies that we can explore with you.
Do I need permission to appeal?
An appeal against conviction from the magistrates’ court to the crown court is what is termed ‘an appeal as of right’, which means that you do not need any permission to appeal.
In effect, you are entitled to ‘2 bites of the cherry’ although there are some other issues, such as sentence and costs (see below) that you should consider first.
Is sentence suspended pending an appeal?
Your sentence is not suspended pending appeal, although:
– We can apply for bail if you are in custody, and
– Apply for any driving disqualification to be suspended.
If you have been made subject to a community order, this will need to be complied with, although we will take steps to try and expedite the hearing.
What happens at the appeal hearing?
The crown court, presided over by a Judge and Lay Magistrates (not a jury), hears the case afresh.
We do however have a valuable opportunity to review what might have gone wrong at the first trial and take steps to remedy any failures.
We can also examine what other evidence ought to the gathered on your behalf, or what lines of attack we might usefully deploy against the prosecution case.
If I lose the appeal, what happens?
If that happens, you will be re-sentenced by the crown court, and be liable for prosecution costs. We will discuss the costs implications with you in detail before any decision to appeal is made.
It is important to note that the crown court is not restricted to the same sentence imposed by the magistrates’ court, so, you may receive a higher penalty.
This is one of the risks that you need to balance – and one of the reasons why we will at an early stage examine the other avenues of appeal with you (judicial review and case stated).
Can I get legal aid?
Some people are eligible for legal aid, and in some circumstances we can apply for legal aid on your behalf.
We will be happy to discuss fixed fee arrangements – the price of high-quality representation is almost certainly much less than you might imagine it to be. If you are successful in your appeal, some of your costs may be refunded.
In the first instance contact John Howey on 020 7388 1658 or info@jfhcrime.co.uk.
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