Following the case of serial killer Peter Tobin, the Scottish Law Commission has been asked by the Scottish Government to consider the possibility of previous convictions being disclosed to a jury during a criminal trial. Currently, in Scotland, previous convictions are not permitted to be led as evidence to be certain that the trial can’t be prejudiced against the accused. Under English law, the matter is different, as the convictions can be disclosed to give evidence as to the defendant’s character.

Peter Tobin was recently convicted in England of the murder of Dinah McNicol, following his previous trial and conviction in Scotland for the murder of Vicky Hamilton. The earlier murder was used as evidence to explain the crime scene and establish behavioural patterns. The request for the Scottish Law Commission to look at allowing such evidence in future Scottish trials is based upon the belief that Tobin may have escaped conviction if the trial for the murder of Vicky Hamilton had been based in Scotland. If such a change to Scottish legislation did occur it would be important to ensure safeguards, such as a pre-trial hearing to consider the relevance of any evidence of this nature, would be put in place.