ABSTRACT

If the prosecution have been given leave to cross-examine the defendant on his previous convictions (s 1(f) of the Criminal Evidence Act 1898), the jury must be warned that these previous convictions are relevant only to the defendant’s credibility as a witness and are not evidence of his guilt (R v Vickers [1972] Crim LR 101 and R v France [1978] Crim LR 48). In R v McLeod [1994] 1 WLR 1500; [1994] 3 All ER 254, the Court of Appeal reiterated that where a defendant is cross-examined on his previous convictions, it must be made clear that the previous convictions are relevant only to his credibility as a witness and not to show a propensity to commit offences of the type of which he is now accused.