previous convictions

[M1969]

I am going to be a witness at a court case. I have a minor spent conviction. Can this be brought up by the defence?

[northernmonkey]

99% chance of it being brought up, yes. However, as you say it's minor (what was the conviction? Was you in court re: the matter, if so what was the sentence) You shouldn't really worry though because it's "minor" and also it's "spent"

[M1969]

Yes was at court and got 60 hours community service. Its spent and a long time ago. Its just i dont particularly want work to find out about it if its brought up.

[jackthehat]

The 'other side' likes to discredit witnesses, or, at least, raise sufficient questions as to their honesty/reliability in the minds of the jurors.

I think the chances of having your 'indiscretion' brought up in open court would depend on several factors;
1. The nature of your crime -v- the nature of the case you are giving witness in;
2. The 'weight' of the evidence you can give; are you the star witness, or just a bystander ?

Talk to the barrister on 'your' side and make them aware of your circumstances; they will be best placed to advise you. If the matter is raised before the court, they, hopefully, would have the eloquence to reduce it to a 'trifling, piddling little matter committed as a folly of youth and not worth the court's time in answering'.........or something.

[M1969]

I am more concerned that work would not look too kindly on having a conviction. Although under rehabilitation of offenders act it is spent. Does this act not apply in court too? I have been told that the offenders past convictions are not allowed to be brought up

[jackthehat]

How will your employer know ?
Is this case linked to your employment ?

[Sandy-Wroe]

How do you think your work might find out about your spent conviction? If this case was reported in the newspapers, the fact that a witness, you, had a spent conviction wouldn't be considered worth mentioning.

[M1969]

No its not linked to my employment.

I guess my thoughts are that it may be reported in newspapers.

does the rehabilittion of offenders act not apply in court then? in both sides?

[jackthehat]

See my first answer.
If the 'other side' wants to discredit you, it will have investigators working on every detail of your past. In barristers can mention anything that may help their client.
However, it is unlikely that your misdemeanor will make it into the newspapers when they report on the case itself.

[jackthehat]

* In court..........