There is no rule of law to say that a third trial taken as far as a jury decision was an abuse of process. Dicta that that was the case were obiter. The question of whether there was oppression was to be decided on the facts of each case.
Citations:
Times 30-Jan-2001
Jurisdiction:
England and Wales
Citing:
See Also – Henworth v United Kingdom ECHR 2-Nov-2004
The claimant had been tried for murder, but had undergone two retrials. On the second he said there was a rule of law that a defendant should not be tried a third time after two juries had failed to agree a conviction. He refused to take any part . .
Cited by:
See Also – Henworth v United Kingdom ECHR 2-Nov-2004
The claimant had been tried for murder, but had undergone two retrials. On the second he said there was a rule of law that a defendant should not be tried a third time after two juries had failed to agree a conviction. He refused to take any part . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Natural Justice
Updated: 03 August 2022; Ref: scu.88500