Evidence of Bad Character in Criminal ... - Law Commission

APPENDIX A
RESEARCH: THE EFFECT ON
MAGISTRATES OF KNOWING OF A
DEFENDANT’S CRIMINAL RECORD
A.1 In the consultation paper we referred to research into the effect on juries of
knowing of a defendant’s previous convictions conducted by Dr Sally Lloyd-
Bostock, Research Fellow of the Centre for Socio-Legal Studies and of Wolfson
College, University of Oxford. Dr Lloyd-Bostock has since completed a second
project addressing how the same evidence affects magistrates. This research has
been published in the Criminal Law Review. 1 We summarise it here.
OUTLINE OF THE STUDY
A.2 This project was modelled closely on its forerunner. 2 The study focused on how
the knowledge that the defendant had a previous conviction affected magistrates
and whether that effect differed depending on the nature of the conviction,
including its similarity to the offence charged and the age of the conviction. The
study also considered what assumptions magistrates made, on the basis of
knowledge of a previous conviction, about the defendant’s likelihood to reoffend.
Magistrates were also questioned about whether they thought it was useful or
appropriate to disclose previous convictions to fact-finders and what problems
might arise for them from such disclosure. In total, 222 magistrates participated
in the research. 3
Methodology
A.3 The research was conducted by way of simulation experiment. Groups of
magistrates viewed a video of a condensed reconstruction of one of two trials:
one relating to a charge of handling stolen goods, the other to one of indecent
assault on a woman. There were eight versions of the trial of each offence. In
each there was a neutral voice-over, when the defendant came to the witness box.
In each the judge in his summing up gave either no, or differing information
about the defendant’s criminal history as follows:
(1) no mention of previous conviction or good character (the base condition);
(2) good character;
(3) recent 4 similar conviction (to offence charged);
(4) old 5 similar conviction (to offence charged);
1 [2000] Crim LR 734.
2 Detailed in the consultation paper at Appendix D.
3 All of whom were volunteers. Most were female (60%), over 45 (90%) and white (97%).
4 Fifteen months old.
5 Five years old.
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