Double jeopardy reform

The Queensland Government will consider reforms proposed to the 800-year-old double jeopardy rule announced by the Independent Member for Nicklin Peter Wellington in State Parliament.

Attorney-General Kerry Shine said the proposed amendments were consistent with the Government’s commitment to take part in a national re-examination of the double jeopardy rule.

Under the rule of double jeopardy a person cannot be tried a second time for the same offence.

“I have discussed the proposed reform with Mr Wellington and I believe the amendments he has proposed in his revised Bill are consistent with the Queensland Government’s approach to national reform of double jeopardy,” Mr Shine said.

“The Bill represents a balanced and reasonable reform and response to the community’s concern.”

“I will liaise with my Parliamentary colleagues and stakeholders in finalising the Government’s response to the proposed reforms.”

“It is the intention of the Government to support reforms of the double jeopardy rule.”

Last week, the Council of Australian Governments (COAG) considered the issue of double jeopardy reform.

The COAG communiqué stated:

"COAG agreed that jurisdictions will implement the recommendations of the Double Jeopardy Law Reform COAG Working Group on double jeopardy law reform, prosecution appeals against acquittals, and prosecution appeals against sentence, noting that the scope of reforms will 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."

NSW has introduced reforms to the operation of the double jeopardy rule in its State last year.

20 April 2007
Media contact: Kirby Anderson (Mr Shine’s office) 3239 6400 or 0418 197 350
kirby.anderson@ministerial.qld.gov.au