Children and the Law - Smacking
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Double Jeopardy Law: Can You Be Tried Twice?
The rule against double jeopardy has protected defendants for centuries—but recent reforms allow retrials in exceptional cases.
The principle of double jeopardy means that once a person has been acquitted of a crime, they cannot be tried again for the same offence. This protection dates back over 800 years and was designed to uphold finality in criminal proceedings and prevent state overreach.
Historically, two key doctrines applied:
- Autrefois acquit: A bar to retrial after acquittal.
- Autrefois convict: A bar to retrial after conviction.
Courts also treated it as an abuse of process to bring fresh charges based on the same facts.
2003 Reform: A Shift in the Balance.
The Criminal Justice Act 2003, Part 10, introduced a major exception. In cases involving serious offences—such as murder—the Court of Appeal may now quash an acquittal and order a retrial if:
- The original trial ended in acquittal.
- New and compelling evidence has emerged, strongly indicating guilt.
Examples include:
- DNA or fingerprint evidence was unavailable at the time of the trial.
- New witnesses or confessions.
How It Works Today:
- Retrials are permitted only for the most serious crimes.
- The Court of Appeal must approve the application.
- The evidence must be both new and compelling—not previously available and highly probative.
This reform aims to strike a balance between the historic protection of defendants and the pursuit of justice in light of modern forensic advancements.
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