Keith Mack
Double jeopardy is a legal rule that prevents an individual from being tried twice for the same crime. The rule has been part of English law for over 800 years, but it was partially abolished in England, Wales, and Northern Ireland by the Criminal Justice Act of 2003, with Scotland following suit in 2011. This change in legislation allows for retrials in certain limited circumstances, such as the emergence of new and compelling evidence. The partial abolition of the double jeopardy law in the UK was largely driven by Ann Ming, whose 15-year-long legal battle sought justice for her murdered daughter, Julie Hogg.
| Characteristics | Values |
|---|---|
| Double jeopardy law in the UK | Partially abolished in England, Wales, and Northern Ireland by the Criminal Justice Act 2003 |
| Double jeopardy law in Scotland | Followed in 2011 |
| Double jeopardy law in South Africa | Forbids a retrial when there has already been an acquittal or a conviction |
| Double jeopardy law in South Korea | Article 13 of the constitution provides that no citizen shall be placed in double jeopardy |
| Double jeopardy law exceptions in the UK | In very limited circumstances, such as when new and compelling evidence emerges, a person who was acquitted of a crime can now be investigated and put on trial again |
| Double jeopardy law exceptions in Scotland | Do not apply to acquittals that take place in Scotland |
| Double jeopardy law safeguards | Prevent the possible harassment of acquitted persons in cases where there is not genuinely new evidence, by requiring the personal consent of the DPP to the re-opening of investigations and to the Court of Appeal |
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What You'll Learn
Double jeopardy law in the UK was partially abolished in 2003
Double jeopardy is a legal rule that prevents an individual from being tried twice for the same crime. In other words, once a person has been acquitted (found not guilty), they cannot be prosecuted for the same offence again, even if new evidence emerges or they later confess. The rule has been a part of English law for over 800 years.
However, in recent times, the development of DNA evidence has brought about questions surrounding the rule. Some people who were convicted of crimes were later found to be innocent thanks to DNA evidence, while others who were acquitted before the availability of DNA evidence may have been guilty. This led to campaigns to overturn the double jeopardy law, notably by Julie Hogg's mother, Ann Ming, following her daughter's murder.
In response to these campaigns, the Criminal Justice Act 2003 partially abolished the double jeopardy rule in England, Wales, and Northern Ireland, with Scotland following suit in 2011. Now, in very limited circumstances, a person who was acquitted of a crime can be investigated and put on trial again if new and compelling evidence emerges. The Court of Appeal may compel the attendance of any witness who could be compelled to attend a retrial and/or the production of any evidence if it is deemed necessary or expedient in the interests of justice.
Despite concerns about potential abuses of the new law, stringent safeguards have been put in place to prevent the persecution of suspects who have already been acquitted. For example, the personal consent of the Director of Public Prosecutions (DPP) is required to reopen investigations and apply to the Court of Appeal, taking into account the strength of the evidence and the public interest.
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The law change was influenced by the Stephen Lawrence murder case
The murder of Stephen Lawrence, a young black British citizen, on 22 April 1993, was a racially motivated attack that brought about significant changes in the UK's legal system and police practices. The case exposed the reality of institutional racism within the police force, shifting public attitudes on racism and transforming lives. The fallout from the case included changes in attitudes towards racism and the police, as well as modifications to the law and police procedures.
The Macpherson Report, published in 1999, played a pivotal role in addressing racial inequality and injustice in Britain. It made 70 recommendations, 67 of which led to tangible changes in practice or law within two years of its publication. The report directly influenced the partial revocation of the double jeopardy rule, which previously prevented an accused person from being tried twice for the same crime. This change enabled the conviction of Gary Dobson and David Norris for Stephen Lawrence's murder in 2012.
The inquiry into Stephen Lawrence's murder revealed shocking details of institutional racism and incompetence within the police force. It brought to light the shoddy treatment experienced by the Lawrence family at the hands of the police, serving as a catalyst for broader societal change. The case prompted a fundamental rethink of police governance, supervision, complaint investigation procedures, and family liaison systems. It also influenced the training and leadership of police forces, with a focus on addressing institutional racism.
The Macpherson Report's recommendations extended beyond the police force. They included the introduction of detailed targets for the recruitment, retention, and promotion of black and Asian officers, as well as the creation of the Independent Police Complaints Commission with the authority to appoint its investigators. These changes sought to address racial disparities and injustices within the criminal justice system, ensuring fairer treatment for ethnic minorities.
The Stephen Lawrence case and the subsequent inquiry had a profound impact on Britain, exposing the harsh reality of institutional racism and prompting long-overdue changes in the legal system and police practices. The partial revocation of the double jeopardy rule, influenced by the Macpherson Report, was a significant step towards justice and accountability, ultimately leading to the conviction of two of Stephen Lawrence's murderers.
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The law change was influenced by the murder of Julie Hogg
Double jeopardy is a law that prohibits the re-prosecution of a person for a crime for which they have already been acquitted. In the United Kingdom, double jeopardy has been permitted in England and Wales in certain exceptional circumstances since the Criminal Justice Act 2003.
Ann Ming, Julie Hogg's mother, embarked on a 17-year quest for justice. She dedicated herself to changing the double jeopardy law so that serious criminals could face retrial if new evidence or a confession emerged. Her tireless campaigning led to a revision of the law in 2005, allowing for the re-prosecution of individuals acquitted of serious crimes if new and compelling evidence was discovered.
Following the law change, Dunlop confessed to Julie's murder in 2006 and was sentenced to life imprisonment with a minimum term of 17 years. The conviction marked the first under the revised law and brought some measure of justice to Julie's family and loved ones.
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The law change was influenced by the development of DNA evidence
The law on double jeopardy in the UK was amended by the Criminal Justice Act 2003, which permitted retrials in certain circumstances. This change was influenced by the development of DNA evidence, which has played an increasingly significant role in criminal investigations and the justice system.
The story of forensic DNA testing in the UK began in 1984 with the groundbreaking work of British geneticist Sir Alec Jeffreys, who developed DNA fingerprinting. This technique, known as Restriction Fragment Length Polymorphism (RFLP), could identify variations in DNA sequences, creating a unique genetic profile for individuals.
In 1986, DNA evidence was first used in a criminal case in the UK, leading to the exoneration of an innocent suspect and the conviction of the true perpetrator in the Enderby murders. This landmark case highlighted the potential of DNA evidence in solving crimes and securing justice. The introduction of Polymerase Chain Reaction (PCR) in the late 1980s further enhanced the power of DNA testing, allowing for the amplification of small DNA quantities and the generation of genetic profiles from minute biological samples.
The development of DNA evidence has had a profound impact on the justice system. It has led to countless convictions, the exoneration of wrongfully convicted individuals, and the closure of many cold cases. The rigorous scientific standards required for DNA testing have also raised the bar for forensic evidence, with courts demanding higher levels of reliability and validity. This has resulted in more stringent scientific practices and a reduced risk of wrongful convictions.
The power of DNA evidence in criminal investigations is undeniable, and its evolution has influenced legal reforms, including the amendment of double jeopardy laws. DNA evidence continues to play a pivotal role in the pursuit of justice, ensuring that the guilty are convicted and the innocent are exonerated.
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The law change was controversial
However, stringent safeguards have been put in place to prevent this from happening. For example, the personal consent of the DPP is required to reopen investigations and apply to the Court of Appeal. The DPP will take into account the strength of the evidence and the public interest when making this decision.
The change in law has been beneficial in some cases. For instance, it helped convict Gary Dobson for the murder of Stephen Lawrence in 2012, after he was acquitted in 1993 following a flawed police investigation. The development of DNA evidence was also a key reason for the change in law, as it meant that people who had been acquitted before DNA evidence became available could now be prosecuted if DNA evidence later proved their guilt.
Despite this, the change in law has been criticised. For example, in his book 'My Life in Crime and Other Academic Adventures', Martin Friedland argues that the rule should be changed so that a retrial is only granted when the error is shown to be responsible for the verdict, not just a factor.
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Frequently asked questions
Double jeopardy is a rule in English law that prevents a person from being tried again for the same crime.
Yes, the double jeopardy rule was partially abolished in England, Wales and Northern Ireland by the Criminal Justice Act 2003. Scotland followed in 2011.
The development of DNA evidence was a key reason for the partial abolition of the double jeopardy rule. The ability to match traces at a crime scene to a specific individual had a huge impact on criminal cases.
In certain limited circumstances, such as when new and compelling evidence emerges, a person who was acquitted of a crime can be investigated and put on trial again.
There was concern that abolishing the rule could lead to the persecution of suspects who had already been convicted and prosecutors being too willing to use the new law for a "second bite of the cherry".
