EuropeSouth AsiaAsia PacificAmericasMiddle EastAfricaBBC HomepageWorld ServiceEducation
News image
News image
News image
News imageNews image
News image
Front Page
News image
World
News image
UK
News image
UK Politics
News image
Business
News image
Sci/Tech
News image
Health
News image
Education
News image
Sport
News image
Entertainment
News image
Talking Point
News image
News image
News image
On Air
Feedback
Low Graphics
Help
News imageNews imageNews image
News imageWednesday, February 24, 1999 Published at 18:16 GMT
News image
News image
Double jeopardy: The defendant's friend
News image
A legal balancing act
News image
There is a certain irony that many of the people most passionately campaigning for reform in the wake of the Stephen Lawrence inquiry would also be passionately opposed to one of its key recommendations.

Special Report: Stephen Lawrence
Sir William Macpherson has proposed that people acquitted of crimes should be liable to re-trial if compelling new evidence arises.

The Home Secretary, Jack Straw, told the House of Commons that he would ask the Law Commission to consider the proposal.

Three of the five suspects in the Lawrence case were acquitted of Stephen's murder. The law does not allow them to be tried a second time, and even if the Law Commission agrees with the proposal, the change would not be retrospective.

Just one go

According to the ancient doctrine of double jeopardy, prosecutors have just one go at proving the case against somebody, and this applies even where - as with the Lawrence case - it has been a private prosecution.

For the accused person, it means once defendants have been found not guilty - which includes cases where the prosecution has simply not been able to prove their guilt - then that is an end to the matter.

They can rest assured that they will not find yourself in court having to answer the charges again.

Benefit of doubt

Like the right to silence, the presumption that everybody is innocent until proven guilty, and the requirement for charges to be proved "beyond reasonable doubt", double jeopardy is part of the legal culture which firmly puts the onus of proving cases onto the prosecutors.

Three years ago there was a slight relaxation of the double jeopardy rule for cases where people had been found not guilty but where there had been so-called "jury nobbling".

But any further relaxation in the rule is likely to be vehemently opposed by civil liberties groups and lawyers alike, particularly since the right to silence has been restricted.

For liberal campaigners anxious to see reform after Stephen Lawrence's death, the proposal could cause a clash of interests, for the rule is seen as a bulwark of defendants' rights.

Wider perspective

Clare Connelly, lecturer in law at Glasgow University, said many people would naturally be calling for reform after the Lawrence case.

But she added: "You really have to take a wider perspective. The process of law really cannot be based on the individual circumstances of one case, because then you lose all the objectivity that is required.

"The difficulty if you remove the doctrine is that you would remove the protection from the accused," she said.

"The focus of this case is a botched job by various criminal enforcement agencies, which has caused a lot of frustration.

"But I don't think that situation is the norm. It's probably more normal that we would have to protect accused people from victimisation and recurring prosecution."

With all the state's resources at the prosecution's disposal, it was incumbent on the prosecution to get its case right first time, she said.

"There's a huge onus if they are going to bring a case to have it properly prepared."

If the law were changed, she said, it might lead to the state having unending powers to prosecute.

Sir William's recommendation is for the power to permit an acquitted defendant to be retried, to be with the Court of Appeal.

News image


Advanced options | Search tips


News image
News image
News imageBack to top | BBC News Home | BBC Homepage |
News image

News imageNews imageNews image
News imageNews image
Relevant Stories
News image
24 Feb 99�|�UK
'Justice failed Stephen Lawrence'
News image

News image
News image
News image
News imageIn this section
News image
The Lawrence inquiry
News image
Straw promises Lawrence reform
News image
Jack Straw's full response
News image
'Justice failed Stephen Lawrence'
News image
Lawrence: Key recommendations
News image
Met's 'incompetence' in Lawrence investigation
News image
A fight for justice: The Stephen Lawrence story
News image
The media impact
News image
Racial violence: The ugly facts
News image
Who polices the police?
News image
Institutional racism - Sir Paul's inquiry challenge
News image
Stephen's stolen promise
News image
Fighting for Stephen
News image
In the spotlight
News image
Profile: Sir Paul Condon
News image
Profile: Sir William Macpherson
News image
Top policemen under fire
News image
Profile: Michael Mansfield
News image
Report hailed as 'step forward'
News image

News image
News image
News image