Opposition House Leader tabled a bill on Friday to allow prosecutors to try a defendant for the same offence twice.

He said the Court of Appeal Amendment Act 2004 was in response to the Rebecca Middleton case where prosecutors were barred from appealing after the Supreme Court ruled there was no case to answer against murder accused Justis Smith.

The Crown had wanted to appeal after new evidence was discovered linking Smith to the 1996 rape and killing of the Canadian teenager.

Britain?s Privy Council, which is Bermuda?s ultimate court of appeal, ruled the Crown did not have the right to appeal on matters of ?mixed law and fact? but only on matters of law.

Mr. Barritt?s bill would allow the Director of Public Prosecutions to appeal on fact or mixed law and fact.

In 2002, Mr. Barritt introduced a motion on the subject which was narrowly defeated following a lengthy debate in which Government MP Dale Butler voted in favour.

Now Mr. Barritt has gone one step further and drafted a bill. It could become law if it gets Government support because it does not fall foul of the rule forbidding the Opposition from bringing bills committing Government to financial implications.

Mr. Barritt said he did not know whether Government would support it this time but he pointed out that, in the intervening years, Britain had passed a law allowing abolishing the ?double jeopardy? rule which forbids defendants being tried again for the same offence.

Bermuda?s Serious Crimes Commission of 2000, which was partly set up to look at the Middleton case, recommended the issue be looked at.

The issue was also discussed by the recent Justice Review Committee which looked at various ways to improve Bermuda?s legal system but it attracted strong opinions on both sides with the recommendation it should be a political determination.

Mr. Barritt told : ?We are giving the Government a chance to make a political determination.?