Previous Convictions

Baseline

Cannot be use bar to some exceptions.

Legislation on previous convictions

Criminal Procedure (Scotland) Act 1995 ss 101(1)

Criminal Procedure (Scotland) Act 1995 166(3)

Criminal Procedure (Scotland) Act 1995 ss 101(1)

Previous convictions: solemn proceedings. 

(1)  Previous convictions against the accused shall not [subject to some exceptions] be laid before the jury, nor shall reference be made to them in presence of the jury before the verdict is returned. [solemn procedures]

Criminal Procedure (Scotland) Act 1995 166(3)

 Previous convictions: summary proceedings 

(3) The previous conviction shall not [subject to section some exceptions] be laid before the judge until he is satisfied that the charge is proved. [summary procedure]