The discretion under s 5(3)(b) of the Criminal Law (Rehabilitation of Offenders) Act 1986 to permit cross-examination about unrecorded convictions should be exercised starting from the common law position that such questions are designed to weaken confidence in the character or trustworthiness of a person as a witness, rather than being at large. Where the defence does not challenge the complainant's testimony on the elements of the offence, the relevance of prior dishonesty convictions to credit is diminished and refusal of permission is justified. A ruling refusing permission under s 5(3)(b) is an exercise of discretion, not a wrong decision of law under s 668E(1), so the appellant bears the burden of showing miscarriage of justice.
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