Body & Soul2 mins ago
Michael Jackson
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your not starting an argument, just a friendly discussion. There was talk of scrapping double jeopardy in murder trials following the McPherson enquiry into the death of Stephen Lawrence. I'm not sure whether it has become law yet. Interesting words replating to the problems with ending double Jeopardy from the lawyer in that case:
Mr Khan told BBC Radio 4's Today programme that under the proposed change a second trial could not be fair.
"What we have to look at is the issue of compelling evidence. What that does is reverse the presumption of innocence, " he said.
"Can you imagine a jury sitting in the trial who know a High Court judge has looked at the evidence and said it is compelling and should lead to a conviction..."
jim
Jimmer - the so-called 'double jeopardy' law (a term we nicked from the US) was ousted in April 2005. This means that the Court of Appeal can now quash an acquittal and order a re-trial if fresh and compelling evidence comes to light. The repeal of the double jeopardy law is retrospective. So, for instance, DNA evidence that would not have been available in a trial 30 years ago could be used in a re-trial today. I was seconded to the Law Commission back in 98/99 to the unit which was carrying out the enquiry into changing the 'double jeopardy' law so it was particularly interesting for me to see the law actually be changed as a result.