UCL Discovery

Abstract

Examines the two radical changes relating to prosecution appeals and retrials for serious offences, as introduced by the Criminal Justice Act 2003. Notes the background to the legislation before examining the statutory provisions under Parts 9 and 10 covering the prosecution's right of appeal against a judge's rulings which would terminate proceedings and against evidentiary rulings which would markedly weaken the prosecution case and the modification of the rule against double jeopardy in respect of specific serious offences, allowing for retrials where new and compelling evidence of guilt emerged. Assesses whether the changes could be justified both in principle and in policy terms and whether the strict statutory conditions governing the new evidence exception mean that the provisions on retrials are likely to have only a limited impact in practice.