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'Double jeopardy' bill formally tabled

Junior Justice Minister Michael Scott

A bill which will abolish the "double jeopardy" rule for murder and manslaughter cases was tabled in the House of Assembly yesterday.

Junior Justice Minister Michael Scott presented the Court of Appeal Amendment Act 2010 for its first reading and it is expected to be debated by MPs before Parliament breaks for the summer.

The legislation will allow prosecutors to take cases to the Court of Appeal in future when strong new evidence — such as DNA — emerges after a not guilty verdict is returned.

Prosecutors will also be able to challenge judges' rulings that there is no case to answer in murder and manslaughter trials.

They have long complained that under the current law they're unable to reopen trials such as the botched Becky Middleton case, even when fresh facts have come to light.

Attorney General Kim Wilson said earlier this week the new law would not be retroactive — meaning it will only apply to cases going forward.

"Effectively what's being proposed is that if an individual or individuals were tried for murder and were acquitted, or found guilty of a lesser offence, or the case was discharged, where new and compelling evidence has come to light, the Director of Public Prosecutions will be able to appeal to the Court of Appeal for a decision on whether the case can reopen.

"The Court of Appeal could then consider whether the case will go back to the Supreme Court."