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NEWS
22 Mar 2010

Parties unite over reform of second trials

The legal convention which prevents a person being tried twice for the same offence looks set to be overturned after both Bill Aitken and Labour justice spokesman Richard Baker supported Kenny MacAskill's proposal to review the provision.

The convention -sometimes referred to as the "double jeapordy" rule- is to be subjected to a consultation due to be announced on Tuesday. No details have been provided by the Scottish Government at the time of writing, but it was announced at the SNP pre-election conference in Aviemore, and appears on the Scottish Government list of future publications. 

"My own view is that in this day and age, it should not be possible to walk free from court and subsequently boast with impunity about your guilt," said MacAskill. 

"If new evidence emerges which shows the original ruling was fundamentally flawed, it should be possible to have a second trial. And trials which are tainted by threats or corruption should be re-run.

MacAskill also dropped a heavy hint that the bungled "World's End" murder trial of Angus Sinclair may be re-tried.

"Prosecutors should not have their hands tied if there is new evidence or if someone admits to carrying out an offence years down the line. I believe any future changes should also be retrospective so that they extend to old cases."

Richard Baker said reforming the law in this area was "a fair and proportionate measure," and Bill Aitken said forensic technology has advanced to such an extent that material not previously useable as evidence could now be pivotal.

"In those few cases where new and compelling evidence could convict a criminal who committed a serious crime and deliver justice to families or victims, it is a change well worth making."


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