The purpose of section 74(3) was ‘not to define or enlarge the circumstances in which evidence is admissible of the fact that an accused has committed an offence, but simply to assist in the mode of proof of that fact (which it does in section 75): ’21. . . This is made doubly clear by the words which make clear that the conviction may not be adduced simply for the purposes of proving or inferring disposition. We also consider that the requirement that the evidence should be relevant ‘to any matter in issue’ is one which falls to be read not as confined to an issue which is an essential ingredient of the offence charged, but as extending to less fundamental evidential issues arising in the course of the proceedings: cf. the decision of this court in R v. Robertson (1987) 85 Cr App R 304 in relation to the words ‘any issue in those proceedings’ as contained in s. 74(1) of PACE.’
Judges:
Potter LJ
Citations:
Unreported, 19 April 2000
Statutes:
Police and Criminal Evidence Act 1984 74(3)
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Robertson and Golder CACD 1987
The court considered the words ‘any issue in those proceedings’ as contained in the section.
Held: The provision should be used only sparingly. . .
Cited by:
Cited – Regina v Shanks CACD 19-Mar-2003
The appellant appealed his conviction for murder. He had shot his lover as she walked away from an argument. The fact of his conviction following mention of a guilty plea to possession of the firearm was complained of.
Held: The judge had . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 06 May 2022; Ref: scu.223482
