Friday, April 10, 2009

Is is possible to object to evidence of prior conviction?

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In general, prior conviction as evidence in a court proceeding, it is possible to object to the introduction of prior convictions as evidence on the basis of relevance. There is some case law which indicates that this type of evidence is inadmissible. The key part of the case law which established this principle is:

Hollington v F.Hewthorn & Co.Ltd [1943] KB 587

However, there is some case law that prior conviction can be used for other purposes. If a witness is to be declared hostile or unreliable, then prior conviction may be used as evidence. In general, the court should weight the probative value of the evidence against its prejudicial weight to the defendant when determining the admissibility of the evidence.

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