Rethinking double jeopardy
05/01/2012
David Norris and Gary Dobson were convicted and sentenced for the racist murder of Stephen Lawrence this week. In an article for online magazine The Justice Gap , GCN's Mark George QC writes about the change in double jeopardy law which allowed this trial to go ahead.
In his article, Mark George QC looks back to the historical origins of double jeopardy and contrasts the domestic position with that in the United States, "where it was regarded so fundamental that it was enshrined in the Fifth Amendment (‘nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb’)".
He explains that "the range of cases that can be re-tried as a result of the change in the law is limited...the interests of the accused are protected by the procedures that the prosecution have to initiate".
Link to the full article is below:
> 5/1/12 - Rethinking Double Jeopardy (The Justice Gap)
Quick links
Mark George QC's comments from the Justice Gap article above subsequently appeared in an article in an Australian newspaper:
> 8/1/12 10 seconds to kill, 19 years to convict (Australian Herald Sun newspaper)
