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Sunday, November 10, 2013

‘the Amendments Provided in the Criminal Justice Act 2003, Altering the Legal Principle of Double Jeopardy in...

The amendments provided in the Criminal Justice mo 2003, altering the rule-governed principle of double luck in England and Wales, will greatly improve justice. Discuss. Sir William Blackstone stated that the plea of autrefois acquit, or a sympathy acquittal, is grounded on this universal maxim of the common law of England that no man is brought into peril of his life or limb more than than once for the same offence. However, the amendments in the Criminal Justice manage 2003 modified the autrefois rule by providing the possibility of reopening a tribulation when it is in the interests of justice for the court and that there is crude and compel evidence which was not adduced in the proceedings in which the psyche was acquitted. This essay will discuss how the alteration of double luck rule will improve justice despite criticisms suffer against it. Relaxation of the double jeopardy rule corrects wrongful acquittals which prevents the growth of the double jeopardy rule. David Phillips, who chairs the crime committee of the Association of boss Police Officers, suggests that someone manifestly guilty can prorogue in conviction under the double jeopardy rule.
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The amendments atomic number 18 up to(p) to alleviate this problem by allowing retrials provided that there is new and cause evidence to be adduced. The first successful retrial national of R v Dunlop , which pleaded William Dunlop guilty to the murder of Julie Hogg in 1989, mark the reduction of legal gaps in the double jeopardy rule. Dunlop exploited the rule by confessing his guilt to a prison incu mbent knowing that he could not be re-triale! d. However, the amendments establish alonged as a deterrent to such exploitation. The Attorney General, professional Goldsmith, commented that offenders will no longer be able to ply responsibility for their act should new and compelling evidence rise to light. The retrospective power of the amendments prompts further reopening of cases to correct wrongful acquittals. However, challenges may...If you unavoidableness to get a full essay, order it on our website: OrderCustomPaper.com

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