NSW to scrap Double Jeopardy (1 Viewer)

[Rafy]

Push to scrap double jeopardy

THE NSW Government will introduce legislation later this month to allow people to be tried again for serious offences, even though they have been previously acquitted by a jury.

The Premier, Morris Iemma, told a caucus committee yesterday he planned to introduce legislation to scrap the centuries-old concept of double jeopardy in serious cases.

Serious cases will be defined as indictable offences that attract sentences of 20 years or more, such as murder, gang rape and some terrorism offences.

The proposed law would allow the police to bring fresh charges when new evidence comes to light that points substantially toward the guilt of a person who has already been acquitted, he said.

Mr Iemma did not go into detail about what sort of new evidence would be permitted, but it is likely to include evidence that comes to light because of DNA advances. It could also include fresh witnesses. There is likely to be either a court process or a special panel to decide whether the case should be tried again. [...]

Full Article: SMH

Lawyer warns against double jeopardy removal

 

[MoonlightSonata]

I'm okay with the proposal, but only:

(a) in very limited circumstances where cogent fresh evidence is available; and
(b) the evidence is highly probative of guilt; and
(c) where a court decides on the strength of such a case, and whether to allow it.

 

[Super Nanny]

The boundary should be placed on 'punishment', not 'tried'.

No person shall be twice punished for an offence, not (what it currently is):
No person shall be twice tried for an offence.

This would make everybody happy, and i think the idea that police are seriously going to try the same people over and over again just to anoy them is a bit far fetched.

 

[MoonlightSonata]

The problem with that idea is that the trial itself is punishment. Litigation is often extremely lengthy, costly and life-draining.

 

[hfis]

People held on remand for a few months before being acquitted tend to be rather annoyed, too.