What happens when a defendant elects to be tried at the Crown Court and the prosecution intends to use previous convictions as evidence?

Question from Kimmy, What happens when a defendant elects to be tried at the Crown Court and the prosecution intends to use previous convictions as evidence?

Answer from AI:

In the UK legal system, a defendant has the right to elect to be tried at the Crown Court, even if the magistrates have accepted jurisdiction. This is a strategic decision that can be influenced by various factors, including the complexity of the case, the potential sentence, and the defendant’s confidence in their defence.

Prosecution Disclosure of Unused Material

The prosecution has a duty to disclose any unused material that could undermine their case or assist the defence. In this scenario, the prosecution has stated that they do not have any such material. If you believe that there may be undisclosed material that could assist your defence, you may wish to consult with a legal professional about the possibility of making an application for further disclosure.

Defence Statement

The defence statement is a crucial document that outlines the defendant’s case. It should include the details of any defences that the defendant intends to rely on, as well as any points of law that may be disputed. In this case, the defence is that the money found in the defendant’s possession was his own, used to test the ticket machine mechanism.

Use of Previous Convictions as Evidence

Under s.101(1)(d) of the Criminal Justice Act 2003, the prosecution can apply to use evidence of a defendant’s previous convictions at trial. This is typically done to establish a propensity to commit similar offences or to be untruthful. However, the court must consider whether the probative value of this evidence outweighs its prejudicial effect. This is a complex area of law, and you should consult with a legal professional if the prosecution intends to use your previous convictions as evidence.

Next Steps

• Consult with a legal professional: This case involves complex legal issues, and it would be advisable to consult with a legal professional who can provide advice tailored to your specific circumstances.
• Prepare for trial: If the case is adjourned for trial, you should work with your legal team to prepare your defence. This may involve gathering evidence, interviewing witnesses, and preparing legal arguments.
• Consider the implications of previous convictions: If the prosecution intends to use your previous convictions as evidence, you should discuss this with your legal team and consider how it may impact your defence.

Remember, this information is a general guide and not a substitute for professional legal advice. You should always consult with a legal professional for advice tailored to your specific circumstances. For more information on the UK legal system, you can visit the HM Courts and Tribunals Service website.