Admissibility of previous convictions

For this project, the Commission reviewed existing rules of evidence around admissibility of previous convictions, similar offending and bad character. In particular, the extent to which the court is made aware of prior convictions of an accused, any allegations of similar offending by the accused and any other evidence of bad character. Hon Andrew McGechan QC, retired High Court Judge, drafting a Issues Paper to be published in 2007.

The Commission is asked to review the existing law relating to the extent to which the court in a criminal trial is made aware of:

(a) the prior convictions of the accused;

(b) any other allegations of similar offending by the accused; and

(c) any other evidence of the accused’s bad character. 

In the course of its review, the Commission is asked to consider:

(a) The effect of any change to the existing law brought about by the enactment of the Evidence Act 2006; and

(b) The law in other comparable jurisdictions including the United Kingdom, Australia and Canada and make proposals for any changes that are necessary and desirable.

The Disclosure to Court of Defendants’ Previous Convictions, Similar Offending and Bad Character (NZLC IP4, 2007)

The Commission's Issues Paper, The Disclosure to Court of Defendants’ Previous Convictions, Similar Offending and Bad Character (NZLC IP4, 2007).

Disclosure to Court of Defendants’ Previous Convictions, Similar Offending, and Bad Character (NZLC R103, 2008)

The Commission's Report, Disclosure to Court of Defendants’ Previous Convictions, Similar Offending, and Bad Character (NZLC R103, 2008).

Monitoring of the Evidence Act 2006 (NZLC MB1, 2010)

In our report Disclosure to Court of Defendants' Previous Convictions, Similar Offending and Bad Character (R103, 2008), we recommended that we should monitor the operation of sections 37 to 43 of the Evidence Act 2006 (the veracity and propensity provisions) and provide advice to the Government in early 2010.

In April 2010, we provided a Ministerial Briefing, Monitoring of the Evidence Act 2006 (NZLC MB1, 2010), to the then Minister of Justice concerning the operation of these sections.

There was no requirement for the Government to present a formal response to Commission reports before April 2009.

See Official Government response process | Department of the Prime Minister and Cabinet (DPMC).

The topic was included in a later review of the Evidence Act 2006.
See The 2013 Review of the Evidence Act 2006 (NZLC R127, 2013).