ABSTRACT

It is clear that cross-examination under s 1(3)(ii) is relevant only to credibility, not to guilt, and that the jury must be told this in the summing up.60 It is obviously relevant to credibility that the defendant pleaded not guilty at the earlier trial, and gave evidence on oath that must have been disbelieved; these have always been legitimate subjects for cross-examination under s 1(3)(ii). But may questions also be asked about details of the mode of commission of earlier offences or of defences raised in relation to them?