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Double Jeopardy law.
The rule against double jeopardy has been a fundamental part of criminal law in England and Wales for centuries. But what exactly does it entail, and how has it evolved?
1. What Is Double Jeopardy?
o The principle of double jeopardy states that once a person has been acquitted (found not guilty) of a crime, they cannot be tried again for the same offense.
o In other words, if you’ve faced trial and received an acquittal, you’re protected from being prosecuted a second time—even if new evidence emerges or you later confess.
2. Historical Context:
o For around 800 years, this principle stood firm, preventing retrials for the same offense.
o The common law upheld two related principles:
- Autrefois acquit: A bar to retrial after acquittal.
- Autrefois convict: A similar bar after conviction.
o Courts considered it an abuse of process to bring additional charges for different offenses arising from the same behavior or facts.
3. Reform in 2003:
o The Criminal Justice Act 2003 introduced significant changes.
o Part 10 of the Act permits retrials in cases of very serious offenses where:
- There has been an acquittal in court.
- New and compelling evidence subsequently comes to light, indicating the acquitted person’s guilt.
Examples of such evidence include DNA or fingerprint tests or new witnesses
4. How It Works Now:
o The Court of Appeal can now quash an acquittal and order a retrial when compelling new evidence emerges.
o This reform allows justice to prevail in cases where the original acquittal was based on incomplete information.
o Retrials are limited to serious offenses, including murder.
In summary, while the historical principle of double jeopardy remains significant, the 2003 reform enables retrials in exceptional circumstances. The scales balance between finality and the pursuit of truth.
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