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Post-acquittal retrials for serious offences in the Irish criminal justice process: lessons from England and Wales

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dc.contributor.author Coffey, Gerard
dc.date.accessioned 2015-08-06T10:47:56Z
dc.date.available 2015-08-06T10:47:56Z
dc.date.issued 2013
dc.identifier.uri http://hdl.handle.net/10344/4576
dc.description peer-reviewed en_US
dc.description.abstract The ancient common law prohibition on multiple trials, known as the double jeopardy principle or its Latin equivalent nemo debet bis vexari, is a procedural defence that prohibits the prosecution of an accused for a criminal offence for which he has already been acquitted or convicted following a trial on the merits by a court of competent criminal jurisdiction.  A peremptory plea of autrefois acquit or autrefois convict may be entered meaning the defendant was formerly acquitted or convicted of the same (or substantially the same) offence.  When the pleas in bar are raised, evidence will be placed before the court, which will normally rule as a preliminary matter whether the plea is substantiated, and if it so finds, the projected trial will be estopped. Double jeopardy can only arise when there has been a previous criminal trial.  In many countries, the protection against double jeopardy is a constitutional right while in others it is afforded by statute law.    Statutory modification of the principle in England and Wales has been the model for reform in several common law jurisdictions, which allow post-acquittal retrials in limited circumstances where new and compelling evidence emerges or where there acquittal is tainted.  This article critically evaluates double jeopardy law reform in Ireland in the light of reforms in England and Wales and possible implications for the trial of offences in the Irish criminal justice process. en_US
dc.language.iso eng en_US
dc.publisher University College Cork en_US
dc.relation.ispartofseries Irish Journal of Legal Studies;3 (1), article 2
dc.relation.uri http://ijls.ie/
dc.subject retrial en_US
dc.subject double jeopard en_US
dc.subject criminal justice policy en_US
dc.title Post-acquittal retrials for serious offences in the Irish criminal justice process: lessons from England and Wales en_US
dc.type info:eu-repo/semantics/article en_US
dc.type.supercollection all_ul_research en_US
dc.type.supercollection ul_published_reviewed en_US
dc.date.updated 2015-08-06T10:44:01Z
dc.description.version PUBLISHED
dc.rights.accessrights info:eu-repo/semantics/openAccess en_US
dc.internal.rssid 1434061
dc.internal.copyrightchecked Yes
dc.description.status peer-reviewed


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