Regina v Dunlop: CACD 16 Jun 2006

The defendant had been acquitted of murder, but had later confessed to it on a number of occasions. An order was sought quashing the acquittal to allow a retrial.
Held: An order was made under the 2003 Act. This was the first such application. For such an order there must be new and compelling evidence against the acquittal of a qualifying offence, and it must be in the interests of justice for a retrial. Those conditions were met. There was no injustice in ordering a retrial. The exception to the double jeopardy rule should not be applied only because confessions were made on the assumption that the rule would provide protection.


Lord Phillips of Worth Matravers LCJ, Sir Igor Judge, P, Silber J, Rafferty J, Openshaw J


Times 14-Sep-2006


Criminal Justice Act 2003 Part 10


England and Wales

Cited by:

CitedMielll, Regina v CACD 21-Dec-2007
The prosecutor appealed from the acquittal of the defendant on a charge of murder. He had subsequently been said to have admitted to the offence while in prison on other offences.
Held: The confessions did amount to new evidence within the . .
Lists of cited by and citing cases may be incomplete.

Criminal Practice

Updated: 11 September 2022; Ref: scu.245011