GOVERNMENT SUPPORTS DOUBLE JEOPARDY BILL
Published Thursday, 18 October, 2007 at 08:37 AM
Premier
The Honourable Anna Bligh
Premier Anna Bligh said the government’s support of a Private Member’s Bill passed through State Parliament tonight acknowledges the change in society’s view of Double Jeopardy laws.
“By supporting Member for Nicklin Peter Wellington’s Criminal Code (Double Jeopardy) Amendment Bill 2007, the government has recognised there is considerable public concern over the prospect that a person may escape conviction due to an earlier acquittal, even if new evidence comes to light,” Ms Bligh said.
“This Bill creates two exceptions to double jeopardy protection by allowing a retrial for a charge of murder where there is fresh and compelling evidence, and allowing a retrial for a 25-year or more imprisonment offence, if the original acquittal is tainted.
“The government believes these changes acknowledge that advances in forensic science and DNA evidence may mean that compelling evidence not available at the original trial may later become available.”
Attorney-General Kerry Shine said the government believes the Bill still reflects the importance of double jeopardy in the criminal system.
“By restricting the fresh and compelling evidence exception to murder trials the bill recognises both the long standing principle of double jeopardy as an important protection in our criminal justice system and the significance of murder as the most serious crime in our Criminal Code,” Mr Shine said.
“The government supported this Bill because we believe it will enhance public confidence in the justice system, while at the same time ensuring that undue pressure is not placed on the criminal justice system and avoids impacting on the rights of the vast majority of acquitted accused.”
Ms Bligh said Queensland is only the second Australian jurisdiction to implement significant reforms to double jeopardy rules.
“However, unlike New South Wales, the limited exceptions to double jeopardy protection will not be retrospective,” she said
“If the Bill included a retrospective application this would have had enormous implications for our law enforcement and prosecuting agencies.”
17 October, 2007
Further inquiries: Premiers Office (07) 3224 4500
“By supporting Member for Nicklin Peter Wellington’s Criminal Code (Double Jeopardy) Amendment Bill 2007, the government has recognised there is considerable public concern over the prospect that a person may escape conviction due to an earlier acquittal, even if new evidence comes to light,” Ms Bligh said.
“This Bill creates two exceptions to double jeopardy protection by allowing a retrial for a charge of murder where there is fresh and compelling evidence, and allowing a retrial for a 25-year or more imprisonment offence, if the original acquittal is tainted.
“The government believes these changes acknowledge that advances in forensic science and DNA evidence may mean that compelling evidence not available at the original trial may later become available.”
Attorney-General Kerry Shine said the government believes the Bill still reflects the importance of double jeopardy in the criminal system.
“By restricting the fresh and compelling evidence exception to murder trials the bill recognises both the long standing principle of double jeopardy as an important protection in our criminal justice system and the significance of murder as the most serious crime in our Criminal Code,” Mr Shine said.
“The government supported this Bill because we believe it will enhance public confidence in the justice system, while at the same time ensuring that undue pressure is not placed on the criminal justice system and avoids impacting on the rights of the vast majority of acquitted accused.”
Ms Bligh said Queensland is only the second Australian jurisdiction to implement significant reforms to double jeopardy rules.
“However, unlike New South Wales, the limited exceptions to double jeopardy protection will not be retrospective,” she said
“If the Bill included a retrospective application this would have had enormous implications for our law enforcement and prosecuting agencies.”
17 October, 2007
Further inquiries: Premiers Office (07) 3224 4500