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The double jeopardy law: The background

The Double Jeopardy rule prohibits the retrial of someone for an offence of which he has already been convicted or acquitted.

An exception to the rule exists if it is found that an accused was acquitted as a result of interference or intimidation of witnesses or the jury.

In April 1993, Stephen Lawrence an 18 year old black student, was murdered by a gang of white youths in South East London.

The Police investigation that followed was unsuccessful in bringing anyone to justice for the racially motivated murder - despite the fact that numerous tip offs were received and police happened to be on the scene minutes after the murder - sparking a national outcry.

Charges against two youths were dropped by the Crown for lack of evidence to continue with the prosecution.

Five suspects refused to answer any questions at an inquest into Stephen's death.

An internal Police inquiry, as well as a probe by the Police Complaints Authority concluded that there were no grounds for concern about the handling of the case.

Following the collapse of a private prosecution brought by Stephen's parents against three of the youths, a public inquiry was held.

The youths were acquitted following a ruling that identification evidence was inadmissible.

The inquiry concluded in 1999 that London's police force was an institutionally racist organisation and that was the prime reason for the investigation's failure.

One of the 70 recommendations coming out of the inquiry was that reforming the law on double jeopardy should be considered. The Government accepted the recommendation and referred the matter to the Law Commission.

Last year the Law Commission issued a report which provisionally concluded that the rule against double jeopardy should be retained but extended in certain cases.

But it also recommended an exception to the rule in cases where new evidence is discovered after an acquittal.

The UK Government has announced that there will be some legislation on the matter in the future.

The collapse of the Rebecca Middleton murder trial in Bermuda sparked a similar national outcry. No one was convicted for the 1996 rape and murder of the visiting Canadian teenager. Bermudian teen Justis Smith was acquitted of premeditated murder by Puisne Judge Vincent Meerabux who ruled Mr. Smith had no case to answer.

The court of Appeals later overturned the ruling but the Privy Council, the Island's highest court ruled that that decision was wrong and reinstated the acquittal.

Kirk Mundy had earlier pleaded guilty to being an accessory to murder after the fact but fifteen months after the plea, the Crown later tried to retry him on joint murder charges with Mr. Smith after forensic evidence showed his semen was inside the dead woman.

The Court of Appeal refused the Crown's application to have Mundy stand trial for murder.

The Serious Crimes Commission of Inquiry, which examined the investigation and prosecution of the Middleton murder and other serious crimes, made dozens of recommendations.

On the double jeopardy rule, the Commission's report stated: "If such a hallowed principle is to be abolished or qualified, that process should only be undertaken after the widest possible consultation and only after the opinions and desires of the disparate elements of the society are known.

"There should accordingly be the fullest possible discourse on the matter and the approach to what some would see as a retrogressive regime should be cautious and deliberate. We so recommend."

Local interest in making changes to the double jeopardy rule gained momentum after the UK Law Commission's report was published last year.

United Bermuda Party MP John Barritt based much of his presentation during Friday's debate on the Law Commission's report.