Double Jeopardy

Double Jeopardy

1. Limb 1

   • Rule 1
     • convicted upon an indictment on which he/she might have been convicted of the offence with which he/she is charged
       • Trial 1
         • Tried and convicted upon an indictment
       • Trail 2
         • Charged with an
   • Rule 2
     • acquitted upon an indictment and might have been convicted of the offence with which he/she is charged
       • Trial 1
         • Tried and acquitted upon an indictment
       • Trial 2
         • Charged with an offence
   • Limb 1 Rule 1 & 2 :-
     • To prevent the DPP from charging the accused with a less serious offence after the accused has been acquitted/convicted of a more serious offence. Rules 1 and 2 consider the alternatives available on an indictment in trial 1. They do not apply to partial verdicts in trial 1. What is the trial 2 offence? Was the trial 2 offence an alternative to the verdict in trial 1? If no, there is no double jeopardy. If yes, the accused might have been convicted of it and the accused may raise the s 17 double jeopardy defence in trial 2.

2. Limb 2

   • Rule 3
     • : has already been acquitted upon indictment of an offence of which he/she might be convicted upon the indictment or complaint on which he/she is charged
       • Trial 1
         • Tried and acquitted upon indictment of an offence
       • Trial 2
         • Charged on indictable or complaint
   • Rule 4
     • has already been convicted of an offence of which he/she might be convicted upon the indictment or complaint on which he/she is charged
       • Trial 1
         • Tried and convicted of an offence
       • Trial 2
         • Charged on an indictment or complaint
   • Limb 2 Rule 2 & 4
     • To prevent the DPP from charging the accused with a more serious offence after it has achieved a conviction/acquittal on a less serious offence. Rules 3 and 4 consider the alternatives available in trial 2 and will apply if a partial verdict is given on the trial 1 indictment. What is the trial 2 charge on indictment or complaint? Is the trial 1 offence an alternative to the trial 2 charge on indictment or complaint? If no, there is no double jeopardy. If yes, the accused might be convicted of it and the accused may raise the s 17 defence in trial 2.