Double Jeopardy

Second Trials following a conviction or acquittal

“Double jeopardy in the law of England & Wales is known under the slightly odd terminology of autrefois acquit or autrefois convict ... a way of informing the court that you have already been either acquitted or convicted of the offence you are now charged with and therefore cannot be tried again. ”

On this page for members …

What is double jeopardy?
Autrefois convict and autrefois acquit
Second prosecutions arising from the same (or substantially the same) facts
Quashing Acquittals and Retrials for Serious Offences
The high bar to overcome to quash an acquittal
Tainted Acquittals
Trial by Judge alone
Continuing a trial by judge alone after discharging the jury

What is Double Jeopardy?

This page covers the law of double jeopardy, the idea (entrenched in law for many hundreds of years) that once you have been lawfully tried for an offence and a verdict entered, that is the end of it, even if you are acquitted.

Defendants convicted of offences can choose to appeal against conviction or appeals against sentence, but there are also situations (covered on this page) when the prosecution can, in effect, appeal against an acquittal and seek to have the defendant tried again, either because compelling new evidence has come to light, or because the acquittal is considered to be ‘tainted’ by jury or witness tampering, a situation which can also lead to a trial by judge alone.