Justice Secretary Kenny MacAskill said he has asked the Scottish Law Commission to look at the issue of whether previous convictions should be admissible
in court.
The move has been suggested in the wake of the trial of serial killer Peter Tobin, who was convicted of the murder of Dinah McNicol in Chelmsford last month.
His previous conviction for the murder of Vicky Hamilton was introduced as evidence to explain a crime scene and a pattern of behaviour, as her body was buried by Tobin in his backyard, as was Ms McNicol’s.
Juries are not usually told of previous convictions as it is feared it might jeopardise a trial by prejudicing the jury.
However, under English law, prosecutors are allowed to tell juries of previous convictions during a trial as evidence of a defendant’s “bad character” and if it offers “important explanatory evidence” for the trial.
But in Scotland previous convictions can only be revealed at sentencing – meaning a jury in Scotland would not have known that Tobin had prior convictions for murder.
Mr MacAskill said: “We are awaiting that report, and will consider any detailed advice carefully before coming to a decision on whether a change to the current legislation should be considered.”
MSP Stewart Maxwell added his voice to the issue, by writing to the Lord Advocate and the Justice Secretary urging them to learn from Tobin’s English trial.
He said the use of previous convictions as evidence in new trials would be limited to serious offences such as murder, attempted murder, rape or serious assault.
Mr Maxwell said the issue was very complicated and any changes to the system must be “strictly monitored and sensitively done”.
He said changing the law for specific offences to allow previous convictions to be used as evidence could have “real value” in court.
He said: “I believe it is time for Scotland to look closely at changing the law to allow some convictions to be used in court and I hope the Lord Advocate and the Justice Secretary will look carefully at this issue.
“This is not the kind of evidence that can ever be used lightly and safeguards such as a pre-trial hearing with a judge to determine if the evidence is relevant are essential.”
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