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| Version 1 | Version 2 |
|---|---|
| Double jeopardy rule under review | Double jeopardy rule under review |
| (about 8 hours later) | |
| The law that prevents a person being tried twice for the same offence in Scotland is to be studied by experts. | The law that prevents a person being tried twice for the same offence in Scotland is to be studied by experts. |
| The Scottish Law Commission (SLC) has published a paper on the 800-year-old principle of double jeopardy. | |
| The commission, which provides the Scottish Government with independent advice on legal reforms, will study whether there should be exceptions. | The commission, which provides the Scottish Government with independent advice on legal reforms, will study whether there should be exceptions. |
| The Tories have called for the rule to be scrapped - as it was in England in 2005 - if fresh evidence emerges. | The Tories have called for the rule to be scrapped - as it was in England in 2005 - if fresh evidence emerges. |
| Patrick Layden QC, the lead commissioner on the project, said double jeopardy should be looked at carefully to see whether exceptions to it were justified. | Patrick Layden QC, the lead commissioner on the project, said double jeopardy should be looked at carefully to see whether exceptions to it were justified. |
| He said: "The rule that prevents a person from being tried twice for the same offence has been recognised in Scotland and across the world as a fundamental protection for the citizen against the state, but we should look at it carefully to see whether modern conditions justify exceptions to it." | He said: "The rule that prevents a person from being tried twice for the same offence has been recognised in Scotland and across the world as a fundamental protection for the citizen against the state, but we should look at it carefully to see whether modern conditions justify exceptions to it." |
| Conservative justice spokesman Bill Aitken said: "Before the last elections, Scottish Conservatives proposed that in cases where new or compelling evidence becomes available, a retrial should be allowed at the discretion of the lord advocate and the Scottish Court of Criminal Appeal." | Conservative justice spokesman Bill Aitken said: "Before the last elections, Scottish Conservatives proposed that in cases where new or compelling evidence becomes available, a retrial should be allowed at the discretion of the lord advocate and the Scottish Court of Criminal Appeal." |
| As with all potential changes to the law this will not, and indeed should not, happen overnight Kenny MacAskillJustice Secretary | |
| He added: "In recent years, forensic technology has advanced to such an extent that material not formally usable as evidence could now be pivotal." | He added: "In recent years, forensic technology has advanced to such an extent that material not formally usable as evidence could now be pivotal." |
| Paul Martin, Labour's community safety spokesman, said: "In this new era of criminal detection, with DNA and other scientific evidence available, it's right that this issue is explored fully." | Paul Martin, Labour's community safety spokesman, said: "In this new era of criminal detection, with DNA and other scientific evidence available, it's right that this issue is explored fully." |
| Justice Secretary Kenny MacAskill said he was looking forward to seeing the final recommendations which the SLC would present to the Scottish Government once it had completed its consultation. | |
| He added: "Depending on the outcome of the SLC's deliberations, we would intend to legislate on these matters at an early opportunity. | |
| "This is a big and complex task. | |
| "As with all potential changes to the law this will not, and indeed should not, happen overnight. | |
| "However, I am keen that we see the benefits of the commission's thinking." |