Report on similar fact evidence and the Moorov Doctrine

Scotland: Scottish Law Commission

Format
Paperback
Publisher
TSO
Country
United Kingdom
Published
23 May 2012
Pages
172
ISBN
9780108882654

Report on similar fact evidence and the Moorov Doctrine

Scotland: Scottish Law Commission

As the law stands, the prosecution in Scotland cannot rely upon previous convictions to help prove their case against an accused person. If an accused, charged with murder, has been convicted of a number of other murders, the jury will not know this when considering their verdict. Other jurisdictions - most notably England and Wales - have rules which allow such evidence. Should Scots law be changed? In this report the Scottish Law Commission conclude that the present rules restricting the use of evidence that the accused has acted in a similar way on other occasions - including evidence that he or she has committed similar crimes - lack both logic and coherence. It recommends that the law recognise that such evidence can be highly relevant to the question of guilt or innocence. The report argues that all relevant evidence - including evidence of similar previous convictions - should, in principle, be admissible. Included with the report is a draft Bill which would give effect to the recommendations by replacing the present law with a clear and coherent statutory framework for the admission of all relevant evidence in criminal proceedings.

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