Topic

Effect on lay magistrates of hearing about a defendant’s character

Author

S Lloyd-Bostock

Viewpoint

Research suggests the potentially prejudicial nature of being informed of previous convictions, particularly if they were serious and similar to the current charge. Magistrates were drawing on preconceived notions rather than examining from scratch. However, ‘guessed at’ previous convictions did not appear to have a prejudicial effect and evidence of ‘good character’ was not in itself very influential.

Source

‘The Effect on Lay Magistrates of Hearing that the Defendant is of “Good Character” Being Left to Speculate, or Hearing that He Has a Previous Conviction’ [2006] Crim LR 189