Can I Be Re-arrested for The Same Crime?
In the legal system of England and Wales, the principle of double jeopardy traditionally prevented a person from being tried again for an offence for which they had already been acquitted or convicted.
However, amendments to the law have introduced exceptions to this rule, particularly in cases of serious offences.
International Legal Framework
The rule against double jeopardy is a fundamental part of the legal systems that are signatories to the International Covenant on Civil and Political Rights and the European Convention on Human Rights.
In England, changes to the double jeopardy rule were made, allowing for the possibility of a retrial in certain circumstances. These include cases where new and compelling evidence has emerged or where the original acquittal was tainted by something like witness intimidation.
However, it’s important to note that the United Kingdom, along with Germany and the Netherlands, did not ratify the optional protocol of the European Convention on Human Rights that strictly prohibits double jeopardy.
This gives the UK more leeway in setting its national rules regarding this legal principle.
Crown Prosecution Service Procedures
The Crown Prosecution Service outlines specific procedures and criteria for a retrial to be sought. This includes the requirement for the Director of Public Prosecutions‘ (DPP) consent, which must be in writing.
The process is applicable only for qualifying offences listed in Part 1 of Schedule 5 to the Criminal Justice Act. It’s crucial to understand that any criminal charge must be laid under the law as it stood at the time of the alleged offence.
Police Powers and Investigation
Under certain conditions, the police may re-arrest and question an acquitted person if they have received written consent from the DPP to restart the investigation. This includes the power to search the acquitted person, their premises, and their vehicles, and seize anything in their possession.
However, this is strictly regulated and can only be done with proper authorisation or in cases where urgent action is necessary and it is not reasonably practicable to obtain consent beforehand.
Conclusion: Can I Be Re-arrested for The Same Crime?
Given these complexities, it’s advisable to seek legal counsel if you find yourself in a situation where you might be re-arrested for a crime for which you were previously acquitted. Firms like Makwana Solicitors, specialised in criminal defence, can provide expert guidance and representation.
They can help navigate the intricacies of the law, ensure your rights are protected, and provide the best possible defence in light of any new developments in your case.
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