Double jeopardy exceptions expanded

• Palaszczuk Government introduces legislation to enhance the way the criminal justice system can respond to possible unjust acquittals.
• The double jeopardy rule means that a person cannot be retried for an offence for which they have already been convicted or acquitted.
• There are limited exceptions to the rule that allow the retrial of an acquitted person.

The Palaszczuk Government has introduced laws to expand double jeopardy exceptions to other serious offences such as manslaughter and sexual offences, while also clarifying the definition of fresh evidence.

Currently in Queensland, the only exception to the double jeopardy rule is for the offence of murder if there is fresh and compelling evidence.

The Criminal Code and Other Legislation (Double Jeopardy Exception and Subsequent Appeals) Amendment Bill 2023 will expand the exception to allow an acquitted person to be retried for ten additional offences.

These include manslaughter, attempted murder, unlawful striking causing death, killing an unborn child, rape, incest and repeated sexual conduct with a child.

The new legislation also clarifies that for the double jeopardy exception, evidence is defined to be ‘fresh’ if it was not presented in trial and could not have been through reasonable efforts by the police and prosecution.

This will ensure evidence is not precluded from being ‘fresh’ solely because another person – for example an expert witness ­– failed to exercise reasonable diligence.

The proposed reforms also enhance the ability of the criminal justice system to respond to possible wrongful convictions by establishing a framework for subsequent appeals against conviction.

Currently, the only avenue available to a convicted person who has exhausted their original right of appeal, is petitioning the Governor for a pardon.

A person cannot make another appeal even if evidence emerges indicating the person is innocent. 

The Bill introduces a right of subsequent appeal against conviction on the grounds of fresh and compelling evidence or new and compelling evidence. 

Quotes attributable to Attorney-General, Minister for Justice and Minister for the Prevention of Domestic and Family Violence, Yvette D’Ath:

“The Palaszczuk Government is committed to ensuring Queenslanders have confidence in our justice system.

“That is why these reforms to the double jeopardy rule are essential, and they enhance the ability of the criminal justice system to respond to possible unjust acquittals and wrongful convictions.

“The expansion of the double jeopardy exception to other offences creates greater consistency with other jurisdictions and better reflects community expectations.

“The Bill reflects this Government’s ongoing and unwavering commitment to ensure Queensland’s criminal justice system remains contemporary, efficient, and delivers fair and just outcomes for the community."

ENDS