Evaluate whether the Court of Appeal has achieved the right balance in its interpretation of the requirement with regard to the legal principle of double jeopardy.
Description S 78 of the Criminal Justice Act 2003 requires ‘new and compelling evidence’ as one of the conditions to be satisfied for the Court of Appeal to order a re-trial of a defendant who has been acquitted. Evaluate whether the Court of Appeal has achieved the right balance in its interpretation of the requirement […]