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Prosecution appeals and retrial for serious offences

Dennis, I; (2004) Prosecution appeals and retrial for serious offences. Criminal Law Review (AUG.) 619 - 638.

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Abstract

The Criminal Justice Act 2003 introduces two radical innovations into the criminal procedure of England and Wales. The prosecution is given a right of appeal against a judge's rulings which have the effect of terminating the proceedings and against evidentiary rulings which significantly weaken the prosecution case. The ancient rule against double jeopardy is modified in relation to specified serious offences to allow for the quashing of an acquittal and a retrial where new and compelling evidence of guilt comes to light. Both developments go considerably further than the relevant Law Commission recommendations, and the second is deeply controversial. It is argued that both developments are justified by considerations of principle and policy, but that the strict statutory conditions for the operation of the new evidence exception to the rule against double jeopardy mean that its importance in practice will be limited.

Type:Article
Title:Prosecution appeals and retrial for serious offences
UCL classification:UCL > School of Arts and Social Sciences > Faculty of Laws

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