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.
Judges:
Lord Phillips of Worth Matravers LCJ, Sir Igor Judge, P, Silber J, Rafferty J, Openshaw J
Citations:
Times 14-Sep-2006
Statutes:
Criminal Justice Act 2003 Part 10
Jurisdiction:
England and Wales
Cited by:
Cited – Mielll, 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