Sir

The message accompanying the Government's white paper on criminal justice seems to be clear: as long as there is a conviction then justice has been done.

Although 'not guilty' verdicts amount to only a small percentage of disposals within the court system they are given overwhelming prominence by the Home Secretary in his consideration of the criminal justice system. Indeed he felt the need to criticise those regional juries which have adopted the unfortunate habit of acquitting defendants. The fact that the defendants may be innocent did not seem worthy of comment.

Among a number of unwelcome proposals, plans to allow disclosure of previous convictions should cause particular concern. Any prosecution case which has to rely on details of previous offences for success is likely to be weak and unable to satisfy the burden of proof in criminal law.

Previous convictions have no bearing on the evidence in the current proceedings but are an attempt to portray the defendant as a particular type of person who is more likely to commit offences. Introducing them in court would mean people convicted of offences in the past will be far less likely to be acquitted in any future proceedings. The likelihood of being treated as a 'usual suspect' for a similar offence would increase correspondingly.

Prison, as the former Home Secretary David Waddington said, is 'an expensive way of making bad people worse'. We welcome the White Paper's efforts on effective sentencing and rehabilitation. But reducing fair trial protections at the same time risks condemning more innocent people to this failing system.

Yours
John Wadham
Director
Liberty
21 Tabard Street
London SE1 4LA
020 7378 3660 (direct) / 07970 900303
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