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📜 Criminal Appeals Amendment (Double Jeopardy) Bill 2011

Assented toLCBill 2248 September 2011

This Bill amends the Criminal Appeals Act 2004 to allow for the retrial of acquitted persons in certain circumstances, specifically where there is fresh and compelling evidence, a tainted acquittal, or an administration of justice offence. It also amends other Acts to align with these changes.

Impact

The bill affects individuals previously acquitted of serious offences, law enforcement, and the justice system. It aims to address perceived injustices where new evidence emerges after an acquittal, balancing the double jeopardy principle with the need for justice.

Key Changes

["Introduces exceptions to the double jeopardy rule, allowing retrials in specific circumstances.", "Defines 'fresh and compelling evidence' and 'tainted acquittal' as grounds for retrial.", "Requires authorisation from an authorised officer (e.g., Attorney General) for investigations into acquitted persons."]