Double Jeopardy Under Attack

The rule against double jeopardy states that no one should be tried or punished twice for the same offence. This rule protects citizens from oppression by ensuring that the State cannot keep prosecuting a citizen until they are finally convicted. It is a fundamental and ancient rule of law that extends back to the time of the Ancient Greeks.

In recent times this principle has come under attack from certain sections of the media. Politicians, eager to be seen to be 'tough on crime', have become more willing to undermine the fundamental precepts of the criminal law and to attack the civil liberties of the citizenry as a whole.

In the UK, the Blair government has eroded the principle of double jeopardy by passing legislation to allow retrial of acquitted people where 'fresh and compelling evidence' subsequently arises.

In Australia at the federal level, the Standing Committee of Attorneys-General has asked the Model Criminal Code Officers' Committee ('MCCOC') to investigate the feasibility of national legislation to erode the principle against double jeopardy.

In NSW, in October 2006 the rule against double jeopardy was abolished under certain cicrumstances.