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Call for end to double jeopardy | Call for end to double jeopardy |
(about 14 hours later) | |
Scottish Tory leader Annabel Goldie has called for the law on double jeopardy to be changed so that a person can be tried twice for the same crime. | Scottish Tory leader Annabel Goldie has called for the law on double jeopardy to be changed so that a person can be tried twice for the same crime. |
In England the 800-year-old principle was abolished in 2005, meaning people could face trial again if new and compelling evidence emerged. | In England the 800-year-old principle was abolished in 2005, meaning people could face trial again if new and compelling evidence emerged. |
The Conservatives want to see similar changes introduced in Scotland. | The Conservatives want to see similar changes introduced in Scotland. |
A Scottish Executive spokeswoman said it had no current plans to change the law regarding double jeopardy. | A Scottish Executive spokeswoman said it had no current plans to change the law regarding double jeopardy. |
Compelling evidence | Compelling evidence |
Last year legal history was made when William Dunlop became the first person in the UK to be convicted of a crime for which he had he had previously been acquitted. | Last year legal history was made when William Dunlop became the first person in the UK to be convicted of a crime for which he had he had previously been acquitted. |
He was jailed for life after he admitted strangling 22-year-old Julie Hogg. | He was jailed for life after he admitted strangling 22-year-old Julie Hogg. |
Dunlop had previously stood trial for the killing twice, but on both occasions the jury failed to reach a verdict and he was formally cleared. | Dunlop had previously stood trial for the killing twice, but on both occasions the jury failed to reach a verdict and he was formally cleared. |
However he later told police he had lied in court. | However he later told police he had lied in court. |
Ms Goldie said: "We propose that in cases where new or compelling evidence becomes available, a retrial is allowed at the discretion of the lord advocate and the Scottish Court of Criminal Appeal." | |
She said that recent advances in forensic technology meant material "not formerly usable as evidence could now be pivotal". | She said that recent advances in forensic technology meant material "not formerly usable as evidence could now be pivotal". |
"We anticipate its use being very rare, but in those few cases where new evidence enables the delivery of justice to a killer or other serious offenders and solace to a family, it is a change well worth making," she added. | "We anticipate its use being very rare, but in those few cases where new evidence enables the delivery of justice to a killer or other serious offenders and solace to a family, it is a change well worth making," she added. |
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