Dbl Jeopardy

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Reply 20

Lewisy-boy

Isn't that saying effectively the same thing? As surely once found not guilty a "limitation period" of sorts expires.

Reply 21

Ethereal

Not under the new rules lewis.

Statutes of Limitations require an offender to be charged within a time limit, not convicted. In the theoretical situation I proposed above, the offender has been charged within the limitation period but clearly not with enough evidence to convict. If double jepordy isn't applied and we ever finally get a statute of limitations, you could get people being chraged by the CPS in the full knowledge they don't have enough evidence to convict in order to circumvent statutes of limitation because they can always have another crack at a convicition later of more evidence comes to light /the person admits it.

Reply 22

Danny5876

The defence can make a claim that there is no case to answer for, due to the lack of evidence given by the prosecution.

Reply 23

Ethereal

Yet now the prosecution are allowed a second go when they get more evidence.

Reply 24

Marcods

But what are the conditions under which the case can be brought again? Surely the evidence would have to be so compelling that it would, on the face of it, overturn the conviction/acquittal? (eg. a confession)

I doubt that the legislation would be ammended in such a way that the CPS could theoretically bring masses of cases against the same person for the same crime based on tenuous evidence.

If someone could point out what the changes and their conditions are, or paste a link where we can see them or something, maybe we'll be in a better position to argue how they could be abused.