Previous Conviction - Definition - Law Dictionary Home Dictionary Definition previous-conviction

Definition :

Previous conviction. The 11th s. of the (English) Criminal Law Act, 1827 (7 & 8 Geo. 4, c. 28), reciting that 'it is expedient to provide for the more exemplary punishment of offenders who commit felony after a previous conviction for felony,' empowered a Court to inflict transportation for life and whipping for such subsequent conviction. Penal servitude has since been substituted for transportation, and the whipping is abolished. The (English) Larceny Act, 1916 (6 & 7 Geo. 5, c. 50), by s. 37, authorizes the infliction of penal servitude up to ten years on those committing simple larceny after having been previously convicted of felony and up to seven years if previously convicted of an indictable misdemeanour punishable under the Act or twice summarily convicted of certain other offences; males under sixteen are liable to whipping in addition.

Frequently statutes [see, e.g., (English) Licensing Act, 1872, s. 12, as to drunkenness; (English) Road Traffic Act, 1930, s. 13; (English) Truck Act, 1831, s. 9] in imposing penalties, increase them for second or subsequent offences.

Mentioning to Jury.--A previous conviction must in general not be mentioned to the jury on the trial of a subsequent offence until after conviction of it, unless (see CRIMINAL EVIDENCE ACT) the prisoner gives evidence of good character, in which case, or after conviction of the subsequent offence, it may be proved by production of documentary proof of the previous conviction and actual proof of the identity of the prisoner. See Previous Convic-tions Act, 1836. As to evidence of conviction within preceding five years of any offence involving fraud or dishonesty when prisoner is charged with receiving stolen goods, see (English) Prevention of Crimes Act, 1871, s. 19.

A person convicted on indictment of any crime after having been previously convicted of any crime may be subjected, by the Court having cognizance of the crime, to police supervision for seven years or less, under s. 8 of the (English) Prevention of Crimes Act, 1871. See Faulkner v. R., (1905) 2 KB 76.

Multiplicata' transgressione crescat p'n' inflictio, 2 Inst. 479. And see PROBATION and PREVENTIVE DETENTION.