SA Prior Convictions Inadmissible in Criminal Trial?

[katie123]

Where in the Constitution does it state that prior convictions are inadmissible in a criminal trial?

 

[Rod]

It doesn't.

What is the purpose of your query?

And is this a Cth or State (SA) based criminal trial? Each State, and the Cth, have their own laws regarding what is admissible in court.

 

[Rob Legat - SBPL]

You’d be looking into the particular evidence act for the jurisdiction you’re dealing with. Look for words like tendency and past conduct.

 

[DMLegal]

If it is South Australia you’re referring to it is in the Evidence Act 1929 s 34P - Evidence of discreditable conduct. Note however that there are exceptions and it is quite a tricky area.

 

[Bill Murray]

Past history is one of the most confusing parts of Evidence. I have a very basic understanding of it but unless you are a lawyer you are never going to understand the nuances of when and how past history can be introduced.