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previous convictions from abroad
If a british citizen went to the USA and has lived in that country since a baby (6 months young) and never commited a crime until he was 25 and he went to prison for 8 yearsfor 4 violent crimes and then the usa deported him back to the uk and upon entry he never did no wrong for 6 years ....can a sentencing judge allow his convictions from usa ? even when the crime in the uk (which is his first on uk soil) has no significance or similarties as the conviction abroad...because chapter 1 of part 11 of CJA 2003 states :past convictions must consist of offences of the same type ,as the one he is being sentenced for.
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Part 11 of the Criminal Justice Act 2003 relates to evidence during the trial.
To paraphrase your final sentence so that it fits the section of the Act you are citing: "past convictions must consist of offences of the same type as the one he is being charged with".
Sentencing is covered by Part 12.
http://www.opsi.gov.uk/acts/acts2003/20030044. htm
To paraphrase your final sentence so that it fits the section of the Act you are citing: "past convictions must consist of offences of the same type as the one he is being charged with".
Sentencing is covered by Part 12.
http://www.opsi.gov.uk/acts/acts2003/20030044. htm
thank you for your responce. byt in part 12 ,can they use the convictions even though they are outside of the uk...even though the crime commited in the uk doesn't consist to the same type in the convictions in the usa? and also if they do take the conviction in usa during sentencing,do they treat it as per or seeing it was one conviction with 4 offences?
thanks for your help
thanks for your help
It is a matter for the judge if he allows the evidence of previous convictions via the gateways in the CJA 2003 act.
It is possible the prosecution will want the previous convictions to cross examine "a point of dispute" between the accused and the injuryed party.
This can work both ways in allowing the defence barrister an attack on a prosecution witness if they have previous convictions which can injury their credability.
The facts of each case must be judged on its merits and the judge will decide if the evidence is allowed via part 11.
It seems from your post that it is crown court matter?
You're barrister will advice you to the best action.
It is possible the prosecution will want the previous convictions to cross examine "a point of dispute" between the accused and the injuryed party.
This can work both ways in allowing the defence barrister an attack on a prosecution witness if they have previous convictions which can injury their credability.
The facts of each case must be judged on its merits and the judge will decide if the evidence is allowed via part 11.
It seems from your post that it is crown court matter?
You're barrister will advice you to the best action.
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