The role of criminal records/previous convictions and it's fairness in Namibia

Abstract

Abstract provided by author

The intention of this research was to determine the role of criminal records/previous convictions and its fairness more especially in the sentencing process. Arguments into whether or not previous convictions should be considered when imposing sentence and in bail applications will be discussed. I will look at the prose and cons of the use of previous convictions when imposing sentence. My authority will be mostly case law and statutes dealing with the issue of previous convictions

Furthermore, 1 will put emphasis on the scrapping of criminal records after a certain period of time and its advantage. In most cases accused persons are asked about their previous convictions under cross-examination and the question to be posed is whether this should be allowed or not Although it might be important to take previous convictions into account, at least the extent or limit to which they must be considered has to be determined. All this will be discussed with emphasis to the Namibian legislation dealing with previous convictions