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Rehabilitation of Offenders Act 1974 � whether employment judge right to rule that justice could not be done without evidence of the employee's spent conviction for kerb-crawling being admitted in evidence.
However, section 4(1) was expressly said to be subject to sections 7 and 8. Section 8 (which relates to actions for defamation) is not relevant for present purposes, but section 7 is. Section 7(3) creates an important exception to the general rule, and provides, so far as is material:
In other words, the court or tribunal will have to balance the relevance of the conviction against the degree of the prejudice which its admission into the evidence would cause.
The employment judge made these observations in the context of whether questions about A's conviction should be restricted. She said that they should not be, adding that "the issues discussed in this paragraph are likely to turn on our overall assessment of the evidence and of the witnesses from whom we will hear".
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