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Law on double jeopardy in Ireland.

  • 06-09-2014 9:01am
    #1
    Ralf and Florian
    Site Banned Posts: 1,489 ✭✭✭


    To my knowledge there was discussion on changing this.Where does the law stand on this issue.Can someone be tried for the same crime twice?


Comments

  • #2
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    Changed a couple of years ago. There can be a new trial if new material evidence is found. Its saturday so im too lazy to look for the Act but someone will know it.


  • #3
    Mikros
    Registered Users, Registered Users 2 Posts: 505 ✭✭✭Mikros


    Criminal Procedure Act 2010

    The Act erodes the double jeopardy rule to permit re-trial after acquittal for “relevant offences” where “new and compelling” evidence later emerges. The Schedule to the Act provides that “relevant offences” include serious crimes like murder, manslaughter, rape, genocide, trafficking, offences against the State, organised crime etc. The DPP may make only one such application for a re-trial, and a re-trial must be in the public interest.


  • #4
    Ralf and Florian
    Site Banned Posts: 1,489 ✭✭✭Ralf and Florian


    Ok thanks.So can this rule be used to order a retrial relating to crimes that were commited before the law was passed?(pre 2010)


  • #5
    Mikros
    Registered Users, Registered Users 2 Posts: 505 ✭✭✭Mikros


    Ralf and Florian wrote: »
    Ok thanks.So can this rule be used to order a retrial relating to crimes that were commited before the law was passed?(pre 2010)

    Yes, presuming it is for a scheduled offence in the Act and the court is satisfied there exists new and compelling evidence and it is in the interests of justice to do so.


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