ABSTRACT

Can a defendant with spent convictions hold himself out to the jury as a person of good character? The answer appears to be yes, with the leave of the judge, provided the jury is not lied to or misled.20 So, a jury cannot be told that a defendant has no convictions when he has.21 But it is considered legitimate to say that the defendant is ‘a man of good character with no relevant convictions’.22 Even if a conviction is not spent, it may be similarly overlooked if it is minor and of no special significance in the context of the current charge.23 If an earlier conviction is ignored, or, though mentioned, is treated as irrelevant, the judge should give the Vye directions about good character.24