chznagam320
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#1
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Hypothetically, say a person was found not guilty by a jury, left the court and all that jazz, but then the next day told everyone that they in fact did commit whatever crime theyd just been found not guilty of. Would they be re-tried or would that be double jeopardy.
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chznagam320
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Btw im not 100% sure if double jeopardy is the right term lol it just sounds intelligent 😂. I mean the law that states a defendant cant be tried twice for the same crime
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legalhelp
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Generally speaking, yes - the rule of double jeopardy / autrefois acquit would prevent that person from being tried again for the same offence. However a new law was brought in around 20 years ago which meant that for some serious offences (murder, manslaughter, rape, and some others), a defendant who had previously been acquitted could be tried again for the same offence where there was ‘new and compelling evidence’, and it was in the interests of justice to try him. The Crown has to apply to the Court of Appeal to do this; the CoA will then decide whether to allow a retrial. This was the mechanism used for the Stephen Lawrence retrial, and (from memory) the Babes in the Wood retrial.
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StriderHort
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(Original post by legalhelp)
Generally speaking, yes - the rule of double jeopardy / autrefois acquit would prevent that person from being tried again for the same offence. However a new law was brought in around 20 years ago which meant that for some serious offences (murder, manslaughter, rape, and some others), a defendant who had previously been acquitted could be tried again for the same offence where there was ‘new and compelling evidence’, and it was in the interests of justice to try him. The Crown has to apply to the Court of Appeal to do this; the CoA will then decide whether to allow a retrial. This was the mechanism used for the Stephen Lawrence retrial, and (from memory) the Babes in the Wood retrial.
Yea, from what I remember they can now retry someone if they really want to. William Dunlop was apparently the first murderer retried that way in 2006 after being aquitted in 91 but confessing the crime afterwards.
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legalhelp
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(Original post by StriderHort)
Yea, from what I remember they can now retry someone if they really want to. William Dunlop was apparently the first murderer retried that way in 2006 after being aquitted in 91 but confessing the crime afterwards.
Yes, agreed. It does of course rely on the evidence actually being admissible, as well as it meeting the test in the CJA. Most confessions will be, unless there is some suggestion of unreliability or impropriety in obtaining the confession.
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