Double Jeopardy Law
What is Double Jeopardy? and is it still Law in the UK?..link
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.
related news
Agricultural Law.
link
Aviation Law Solicitors.
This is a highly specialised area of the Law and covers both aircraft and their facilities as well as many other areas detailed here.
link
Charity Law Solicitors.
As a charity it is important to understand your legal obligations and rights, a Charity Law solicitor swill be able to help with this, find Charity Law Solicitors from Solicitors.com
link
Civil Liberties and Human Rights | Solicitors.com
Solicitors.com - if you are looking to take action under the Human Rights Act, understand your rights and how a solicitor can assist you.
link
Construction and Civil Engineering Law | Solicitors.com
link
Consumer Law, Consumer problems.
We have produced a few guides to help you but would recommend that you speak to a solicitor as all situations are different.
link
Education solicitors | Solicitors.com
link
Property Abroad.
If you are looking to buy a property abroad you will need expert legal advice, this section details services provided, and offers guidance on how to find a solicitor for your needs.
linkrecent articles
Double Jeopardy Law
What is Double Jeopardy? and is it still Law in the UK?..
linkDangerous Driving.
You may have witnessed people driving, 'dangerously' or you may have been stopped for dangerous driving, but are you aware that there are other charges that fal..link
law on legal highs to be reviewed
The law banning legal highs in the UK is to undergo an urgent review...link
What is a Section 60 notice?
Over 2000 section 60 notices have been issued in London last year..
linkSpeeding motoring offences
Speeding motoring offences
Over 100,000 motorists are caught speeding each year, many have attended speed awareness courses, many were fined and received point..link
Children and the law - Committing a crime
Children and the law - Committing a crime.
A child under 10 will not be charged with a criminal offence but they can face consequences for their actions.
The..link
Handling Stolen Goods
What is meant by 'handling stolen goods'...link
Stop and Search Laws to be changed?
Police Chiefs are calling for a change in the 'stop and search' l..
linkNeighbour Disputes | Trees and Hedges.
Neighbour Disputes can escalate to affect your life and enjoyment of your property, if handled in the wrong way they can cause tension and in some cases argumen..link
Cautions, warnings and penalty notices.
Police cautions and warnings are the same and can be issued to anyone over the age of ten for minor offences, whilst this does not count as a conviction it can ..link
The law on Cannabis.
Anyone found in possession of cannabis could be liable to a fine or a prison sentence, cannabis is classed as a B category drug in the UK and is illegal...link
Is there anything wrong with this page? - any amendments will receive accreditation - email us link
Solicitors.com are not a firm of solicitors, and any content on the site should not be used in substitute for obtaining Legal advice from a solicitor regulated in the UK, Solicitors.com recommends that you contact a firm of solicitors to discuss your individual legal requirement. Whilst we strive to bring you accurate up to date content, all content on this site is not legal advice and is not guaranteed to be correct. Use of this site does not create a client relationship.
Information by area of law
Conveyancing Solicitors.
Step by step guide to help you understand the process of Conveyancing and moving.
link.jpg)
Criminal Solicitors.
We have put together a few guidance notes for your help with Criminal law matters, if you require a solicitors please use the search facility or ask a question.
link
Commercial law.
If you are looking for a commercial solicitor understand your options by contacting one of the 100s of commercial law firms on solicitors.com
link
Clinical or Medical Negligence Solicitors
If you are considering making a claim for Medical Negligence understand your rights and the process, find a medial compensation solicitor via solicitors.com.
link
Personal Injury Claims.
If you have suffered an injury and are looking to make an accident claim for compensation, understand how a personal injury Solicitors can help make you injury claim for you.
link
Debt Collection Solicitors.
The amount of money owing may dictate the route you take to reclaim your money, we recommend that you discuss your situation with a solicitor, or you can call the CAB on 08454 04 05 06.
link
Dental Negligence Solicitors
To undertake a dental negligence claim you must have sustained an injury or damage, as a result of the dental treatment understand the options available to you.
link
Family Law Solicitors.
Family Law Solicitors can help you resolve the problems which may arise in the break-up of relationships, including financial issues and matters concerning any children.
link
Motoring Offences Solicitors.
Will be able to assist on all areas of Motoring Law for Example Drink Driving, Dangerous Driving, Careless Driving, Totting Up, Speeding, Driving Without Insurance motor offences.
link
Will & Probate
Find a solicitor that can assist with wills, probate and estate planning in your area.
link