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Legal Terms - Double jeopardy
a defense against criminal prosecution that asserts the defendant is being tried for the same crime a second time. According to the so-called double jeopardy rule, an individual cannot be twice placed in danger of losing their life or limb for the same offense. The double jeopardy rule was modified once the Criminal Justice Act of 2003 went into effect (s. 75). The new regulations only apply to major crimes like murder, manslaughter, and rape—that is, crimes with a maximum penalty of life in prison and grave repercussions for victims or society at large. If strong new evidence is discovered against the individual who was first acquitted at the trial, a retrial may now be permitted. DNA or fingerprint tests, as well as the appearance of a new witness, are examples of this type of evidence. Under these circumstances, the measures allow the police to reinvestigate a person who has been acquitted of serious offenses. They also allow the prosecuting authorities to petition the Court of Appeal to have an acquittal quashed and to hold a new trial if the court is convinced that the new evidence is highly probative of the case against the acquitted individual. Prior to the retrial and reinvestigation, the *Director of Public Prosecutions' consent must also be acquired.
a defense against criminal prosecution that asserts the defendant is being tried for the same crime a second time. According to the so-called double jeopardy rule, an individual cannot be twice placed in danger of losing their life or limb for the same offense. The double jeopardy rule was modified once the Criminal Justice Act of 2003 went into effect (s. 75). The new regulations only apply to major crimes like murder, manslaughter, and rape—that is, crimes with a maximum penalty of life in prison and grave repercussions for victims or society at large. If strong new evidence is discovered against the individual who was first acquitted at the trial, a retrial may now be permitted. DNA or fingerprint tests, as well as the appearance of a new witness, are examples of this type of evidence. Under these circumstances, the measures allow the police to reinvestigate a person who has been acquitted of serious offenses. They also allow the prosecuting authorities to petition the Court of Appeal to have an acquittal quashed and to hold a new trial if the court is convinced that the new evidence is highly probative of the case against the acquitted individual. Prior to the retrial and reinvestigation, the *Director of Public Prosecutions' consent must also be acquired.
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