Double Jeopardy... No More (1 Viewer)

[JumpingPeanuts]

We were learning about Double Jeopardy in Legal today and it came up that legislation has removed it...
So our syllabus says we need to know about it but now does it change? I dont know how up to date our exams for 2007 are and I guess 2006 ones will just say Double Jeopardy still exists. hmm..

 

[kitkatkittyau]

http://news.ninemsn.com.au/article.aspx?id=153397&print=true

Whats the legislation for it before it was abloished?

 

[lunavixen]

finally, i thought it would never be abolished

 

[SimonLee13]

How does it change?

Double jeopardy no longer applies. That simple.

Exams for 07 are SO up to date, they are written in April 2007! :O shock?

Okay. Under double jeopardy, you cant be tried 2 times for the same crime. Now under the ammendments. You can. So if the prosecution (DPP) fuck up the first time, they have a second chance

No, when the DPP gets more evidence that did not appear in the first trial, they can use it in the 2nd trial.

 

[Zrap]

What a cool film

 

[lcx]

No, when the DPP gets more evidence that did not appear in the first trial, they can use it in the 2nd trial.

yeh i agree with ur point for it but they didn abolish ti did they? its still applys doesn it.... people cant be tried wihtotu evidence twice??

 

[holofernes]

Nobody "abolished" double jeopardy as such, but its application has been changed. You can find it in the Crimes (Reviews & Appeals) Act 2001. It allows the Court of Criminal Appeal to make an order to retry someone if the DPP applies, and it only applies in certain situations:

• someone acquitted of a ‘life sentence offence’ (murder, violent gang rapes, large commercial supply or production of illegal drugs) where there is ‘fresh and compelling’ evidence of guilt;
• someone acquitted of a ‘15 years or more sentence offence’ where the acquittal was tainted (by perjury, bribery or perversion of the course of justice); and,
• someone acquitted in a judge-only trial or where a judge directed the jury to acquit.

Double jeopardy is part of the common law, not legislation. For all other crimes, if an accused has been tried before for the same crime (or possibly on the same facts), the proper plea is "autrefois acquit" or "autrefois convict".

 

[possessionless]

haha yeah we learnt about that the other day too