Double jeopardy: one idea and two myths from the Criminal Justice Bill 2002

Fitzpatrick, Ben (2003). Double jeopardy: one idea and two myths from the Criminal Justice Bill 2002. Journal of Criminal Law, 67(2) pp. 149–164.

DOI: https://doi.org/10.1177/002201830306700208

Abstract

In November 2002, the government introduced the Criminal Justice Bill 2002 to Parliament. The Bill is far-reaching, covering issues from the pre-trial process to sentencing. This article focuses on one of the higher profile, and, arguably, more controversial proposals in the Bill, the relaxation of the rule against double jeopardy. The proposal is described and analysed. It is also suggested that the Bill and the proposal are underpinned by two criminal justice policy positions—(1) that defendants are unfairly advantaged in the criminal process; and (2) that the best way to enhance victims' rights is to diminish those of defendants. It is suggested that these positions are misguided, and that they constitute powerful and persistent criminal justice myths.

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