Victorian Government to Introduce Double Jeopardy Reforms
The Victorian Government has introduced legislation to reform the double jeopardy laws, where a new trial can be ordered when there is compelling new evidence that a person previously acquitted of a serious crime was in fact guilty.
"Double jeopardy laws prevent a person from being tried more than once for the same alleged offence. In most cases, these laws perform a valuable role in protecting an innocent citizen against being the subject of multiple prosecutions, and they provide certainty and finality in the courts," Attorney-General, Robert Clark said.
"However, there are occasions where a retrial ought to be allowed, if it becomes clear through compelling evidence not available at the time of trial that a person acquitted of a serious crime is highly likely to be guilty."
The reforms will allow the Director of Public Prosecutions to apply to the Court of Appeal for a new trial in carefully defined situations such as:
- when there is new and compelling evidence, such as new DNA evidence or a confession
- cases where jurors were intimidated or bribed
- when the accused or another key witness gave false evidence.
The legislation will also contain a number of procedural safeguards to protect against any possibility of misuse.
The Director of Public Prosecutions will only be able to make one application for a retrial.
In addition, police will need to obtain written authorisation from the Director of Public Prosecutions before they can question, search or pursue surveillance on a person for a retrial.