Will a Previous Conviction Affect My Case?

If you’ve been to court before, you may be wondering whether that history will come back to haunt you. The short answer is — yes, a previous conviction can and often does affect how your current case is handled in magistrates’ court.

Magistrates are required to consider your record when deciding sentence. If the previous offence is similar in nature — such as two drink-driving convictions or two assaults — it will usually carry more weight. If the offences are recent, the court may see a pattern of behaviour and be less inclined to offer leniency.

That said, not all convictions are treated equally. A single, unrelated offence from many years ago may have limited impact, especially if you've stayed out of trouble since. But a recent conviction for a similar matter will likely increase the seriousness of your current case in the eyes of the court.

It’s also important to know that your previous record may not be discussed during trial if you plead not guilty — unless you bring it up or it’s legally relevant. But once it comes to sentencing, your full record will be in front of the magistrates.

This is why preparation is key. If you’re worried about how your past might influence the outcome, a structured case review can help you present mitigating factors and avoid common magistrates court mistakes that may worsen the impact.

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