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Legal Terms - Antecedents
Antecedents, in the plural form, refer to the previous convictions or history of bad character of an accused or convicted person. Historically, this type of evidence has been acceptable solely for the purpose of determining the sentence that follows.
However, according to the Criminal Justice Act 2003, evidence of the defendant's immoral behavior can be used while deciding guilt, given specific circumstances. When considering the defendant's background to determine the appropriate sentencing, the claims made about their past must be able to be verified. If the defense disputes these claims, the prosecution must provide evidence to support them according to the standard rules of evidence. Unless the charges are substantiated by admissible evidence, the court cannot take them into account while determining the penalty.
Antecedents, in the plural form, refer to the previous convictions or history of bad character of an accused or convicted person. Historically, this type of evidence has been acceptable solely for the purpose of determining the sentence that follows.
However, according to the Criminal Justice Act 2003, evidence of the defendant's immoral behavior can be used while deciding guilt, given specific circumstances. When considering the defendant's background to determine the appropriate sentencing, the claims made about their past must be able to be verified. If the defense disputes these claims, the prosecution must provide evidence to support them according to the standard rules of evidence. Unless the charges are substantiated by admissible evidence, the court cannot take them into account while determining the penalty.
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