Double Jeopardy
In 2003, SCAG referred the issue of double jeopardy to the then Model Criminal Code Officers Committee (MCCOC) for review and to consider possible reforms that would militate against any injustices flowing from a strict operation of the double jeopardy principle.
MCCOC released a discussion paper on double jeopardy in November 2003. Following public feedback, it prepared a briefing paper on the issue, which it presented to SCAG on 18-19 March 2004.
Discussion paper – Issue Estoppel, Double Jeopardy and Prosecution Appeals Against Acquittals – November 2003
Briefing paper – Double Jeopardy – March 2004
In July 2006, the Council of Australian Governments (COAG) agreed that reform of the rule against double jeopardy was an important criminal law policy reform that merited nationally consistent treatment. COAG also agreed to progress this reform through a Senior Officials working group on the basis of recommendations made by MCCOC.
In April 2007, the Double Jeopardy COAG Law Reform Working Group presented its recommendations on double jeopardy law reform, prosecution appeals against acquittals and prosecution appeals against sentence to COAG. COAG agreed that jurisdictions would implement the Working Group’s recommendations, noting that the scope of reforms would vary amongst jurisdictions reflecting differences in the particular structure of each jurisdiction's criminal law. Victoria and the Australian Capital Territory reserved their positions in relation to the recommendations.
Double Jeopardy Law Reform – Model Agreed by COAG – April 2007
|
