Sbradley

Obviously the answer is "Yes" but in this case perhaps someone could enlighten me.

Since when did failed prosecutions (ie when either the CPS failed to produce sufficient evidence or the jury found the defendent not guilty) simply get retried?

Does this mean that if you're accused of something and charged, tried and cleared then the Government can simply rehash their case and put you through it again? And again? Surely eventually they'll get a combination of evidence and jurors which will send even the most innocent person down - after all the defence story will always stay the same so they can just change the prosecution case to deal with the bits it failed on before...

It seems to be stretching co-incidence a little that the two cases in recent times which have been most directly contrary to the Governmen's position on various things - speed and political correctness in particular - are now being retried.

You can call me a cynical old sod if you wish, but it seems all wrong to me. Has double jeopardy gone out of the window already?

SB

PS I am deliberately NOT taking a position on the rights and wrongs of the cases involved, merely on the moral standpoint of retrying someone for an offence of which they have already been cleared.

2000TLondon

As I understand it, there has to be reasonable grounds for an appeal / retrial.

For example, the prosecutors will petition that the judge / jury did x and y wrong. Obviously the retrial or appeal has to be approved and meet various points.

I know what you are saying, but remember it works both ways with an innocent person found guilty being able to appeal the conviction (usually a lot slower process than a retrail though!!!!! )

fast bloke

SB - you may have missed this

http://news.bbc.co.uk/1/hi/uk/4406129.stm

Sbradley

Thanks for that, FB. It must have passed me by in a flurry of something else. I knew it was being discussed but...

Regardless of that, though, I saw this quote in the article:

"They (the new laws allowing retrying of failed prosecutions) apply to 30 serious crimes - including murder, rape, Class A drug offences and war crimes - but double jeopardy remains in force for lesser offences."

So the high profile cases about to be retried both count as serious crimes? Hmm...

SB

alcazar

iTrader: (2)

So long as it suits Bliar's agenda, yes

I can't wait to see how many Muslims, about to hold protests because of some cartoons, will be arrested on charges of inciting race, or religious hate

Alcazar