Abstract
This paper discusses the Scottish Law Commission (SLC)'s Report on Similar Fact Evidence and the Moorov Doctrine, which proposes revolutionary changes to the way in which Scots law deals with evidence of the accused's bad character, including his previous convictions. The article sets these proposals in context by explaining the existing Scots law, and comparing it to the English provisions on bad character evidence contained in the Criminal Justice Act 2003. This comparison reveals similarities between the responses of the two jurisdictions. It is remarkable that the SLC did not consider English law to be a viable model for reform, choosing instead to propose legislation which would simply deem certain pieces of bad character evidence relevant in criminal trials. The second part of the paper explains why these proposals should not be implemented.
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