Double Jeopardy (Scotland) Act 2011: 2011 asp 16

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Corporate Author:

Scotland Scottish Parliament

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TSO (The Stationery Office)

The existing common law rule against double jeopardy generally prevents someone from being tried twice for the same crime. The Act restates that rule in statute. In doing so, it seeks to clarify and reform certain aspects of the current rule - in particular, providing for a number of exceptions to the rule. The Act provides for a general rule against double jeopardy comprising two elements: a core rule preventing a second prosecution for offences which a person could have been convicted of in the original case; a broader principle aimed at preventing the improper splitting of charges by a prosecutor seeking multiple chances of convicting an accused in relation to a single set of acts. It also provides for three exceptions to the general rule against double jeopardy, allowing an acquitted person to be tried again: tainted acquittals - the original acquittal is tainted by an offence against the course of justice (eg one involving the intimidation of witnesses); new evidence of admissions - the prosecutor has new evidence that the accused admitted committing the offence; general new evidence - the prosecutor has other new evidence of guilt. The Act is based on proposals put forward by the Scottish Law Commission in its Report on Double Jeopardy (Scot. Law Com. 218, 2009, ISBN 9780108882425). However, the Act departs from the Commission's recommendations in a number of important respects.