[Article] Ahern announces plan to abolish double jeopardy rule

Victor

We discussed this recently, but I coun't find it.

http://home.eircom.net/content/irelandcom/breaking/13108694?view=Eircomnet&cat=Breaking%20News

Ahern announces plan to abolish double jeopardy rule
From ireland.com
17:05 Thursday, 19th June, 2008

Minister for Justice Dermot Ahern has announced the abolition of the long practice of double jeopardy, where a person, once acquitted, could not be tried again for the same offence.

Announcing a package of measures for victims of crime, Mr Ahern said that he would be bringing forward a new Bill which would include mechanisms to deal with an acquittal where compelling new evidence of guilt emerges after an acquittal.

Cases could also be reopened where an acquittal arises from an error by a judge. New prosecutions could be brought where there was evidence that the original acquittal was tainted by interference with the trial process, including intimidation of witnesses.

The Bill would give discretion to the Director of Public Prosecutions to bring forward new prosecutions in these circumstances, he said, in cases of serious crime like rape, manslaughter and murder.

The announcement was made at the publication of a framework document prepared by the Commission for the Support of Victims of Crime, the recommendations of which the Minister said he intends to implement.

Also included in the package is a plan to reform the victim impact statement system used in courts, in order to give ‘victim status’ to the relatives of the dead person.

Measures to restrict “unjustified and vexatious” claims against the character of a deceased person during a trial are also included in the draft legislation.

In other measures announced as part of the overall package, a new executive office of the Department of Justice will be established to coordinate services for victims of crime.

A reconstituted Commission for the Support of Victims of Crime, which would have a role distributing funding to groups working with victims of crime, would also be set up.

Mr Ahern said the framework looks at how current support for victims of crime may be strengthened to ensure they receive adequate assistance in the aftermath of their experience of crime.

“I consider it important we are responsive to the needs of victims. It is vital that there is a coordinated approach to the delivery of services to support victims.

“It is my intention to accept the recommendations of the commission. I propose to move quickly to implement those recommendations.”

Mr Ahern said his department has already started preparation work on the legislation and it is expected to be brought before the Oireachtas early next year.

He paid tribute to the commission members who had given their consideration to this “very wide and complex area”.

Fine Gael spokesman on children, Alan Shatter, accused the Minister of “playing politics” with crime victims by “hawking about non existent legislation related to crime victims whilst planning to reject a fully drafted and comprehensive piece of legislation produced by Fine Gael last January that will be debated in the Dáil next week”

He called on the Minister to back the “comprehensive” Victims’ Rights Bill that he, Mr Shatter, had drafted and presented with his colleague, justice spokesman Charlie Flanagan, earlier this year.

The Irish Council for Civil Liberties (ICCL) said the changes proposed by the Minister would reduce the rights of those accused of crimes without improving life for victims.

"It is a fallacy that taking liberties from accused persons can enhance the lives of victims. If the Government is genuinely interested in advancing the situation of victims then it must adopt a rights-based approach, including a statutory charter for victims of crime," said ICCL director Mark Kelly.

"Instead, Minister Ahern has chosen to market as 'pro-victim' a series of half-baked measures limiting the rights of accused persons. Victims deserve a far better deal than this."

The body proposed its own Charter of Rights for the Victims of Crime as an alternative which is based on international human rights law principles, and sets out how the Government should protect and promote the rights of crime victims, with regards to information, protection and privacy.

Tom Young

Ooooh I feel a book coming on .........

johnnyskeleton

Minister for Justice Dermot Ahern has announced the abolition of the long practice of double jeopardy, where a person, once acquitted, could not be tried again for the same offence.

Announcing a package of measures for victims of crime, Mr Ahern said that he would be bringing forward a new Bill which would include mechanisms to deal with an acquittal where compelling new evidence of guilt emerges after an acquittal.

Cases could also be reopened where an acquittal arises from an error by a judge. New prosecutions could be brought where there was evidence that the original acquittal was tainted by interference with the trial process, including intimidation of witnesses.

Makes sense provided that it is only in circumstances where:
1) compelling new evidence of guilt emerges after an acquittal that could not have been discovered with reasonable dilligence (otherwise it is easier for the prosecution to reopen a case on new evidence than it is for an accused)
2) The trial judge errered in a ruling which was determinative of the trial or which would have had a substantial bearing on the trial

I'm not sure that the intimidation of witnesses part could work in practice, because the witness either complains about the intimidation prior to the trial (and it can be dealt with then if possible) or there is a serious risk that they fabricate intimidation after an acquittal so that they can have a second shot at it.

The Bill would give discretion to the Director of Public Prosecutions to bring forward new prosecutions in these circumstances, he said, in cases of serious crime like rape, manslaughter and murder.

I don't see how compelling new evidence could be found in a rape trial.

The announcement was made at the publication of a framework document prepared by the Commission for the Support of Victims of Crime, the recommendations of which the Minister said he intends to implement.

How do re-trials figure in with the support for victims of crime? Is it not an area that should be exclusively in the discretion of the DPP (and used only in the most exceptional circumstances). My concern would be the perception that if a person is acquitted, an alleged victim of crime could try to fabricate new evidence if they believe they had a right to reopen the case.

Also included in the package is a plan to reform the victim impact statement system used in courts, in order to give ‘victim status’ to the relatives of the dead person. [/quote

That's not a reform, that was an error in the original Criminal Justice Act, which has been creatively interpreted by the judiciary to include the relatives of victims. So this does not change anything in reality.

Measures to restrict “unjustified and vexatious” claims against the character of a deceased person during a trial are also included in the draft legislation.

This is an interesting one, because it is up to the court to decide whether a claim is unjustified and vexatious; the reality is that a lot of those claims are either true or have some kernel of truth in them, and they usually allege criminality on the part of the deceased. But since the accused is being charged as a criminal, is it not only fair that the court know that the deceased was one as well? I don't see any reality to this.

In other measures announced as part of the overall package, a new executive office of the Department of Justice will be established to coordinate services for victims of crime.

A reconstituted Commission for the Support of Victims of Crime, which would have a role distributing funding to groups working with victims of crime, would also be set up.

Mr Ahern said the framework looks at how current support for victims of crime may be strengthened to ensure they receive adequate assistance in the aftermath of their experience of crime.

That's actually quite a sensible proposal, much better than the half cocked Victims of Crime Bill last year.

Fine Gael spokesman on children, Alan Shatter, accused the Minister of “playing politics” with crime victims by “hawking about non existent legislation related to crime victims whilst planning to reject a fully drafted and comprehensive piece of legislation produced by Fine Gael last January that will be debated in the Dáil next week”

Pot calling the kettle black if I ever saw it.

He called on the Minister to back the “comprehensive” Victims’ Rights Bill that he, Mr Shatter, had drafted and presented with his colleague, justice spokesman Charlie Flanagan, earlier this year.

For "comprehensive" read "vote winning nonsense"

The Irish Council for Civil Liberties (ICCL) said the changes proposed by the Minister would reduce the rights of those accused of crimes without improving life for victims.

I agree, but it's not about improving life for victims, it's about ensuring justice was done, and relaxation of the double jeopardy rule in specific and limited circumstances is a great idea. It is a reduction of the accused's rights, but provided it is proportionate it is perfectly fair.

CantGetNoSleep

Victor wrote: »

We discussed this recently, but I coun't find it.

http://home.eircom.net/content/irelandcom/breaking/13108694?view=Eircomnet&cat=Breaking%20News

http://www.boards.ie/vbulletin/showthread.php?t=2055290918

Sully

Very interesting. I assume old cases cant be re-opened if the law is abolished and it only applies to newer cases ya?

Victor

How does this affect things?

http://www.europarl.europa.eu/charter/pdf/text_en.pdf

Article 50
Right not to be tried or punished twice in criminal proceedings for the same criminal offence
No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he or she has already been finally acquitted or convicted within the Union in accordance with the law.

CantGetNoSleep

Victor wrote: »

How does this affect things?

http://www.europarl.europa.eu/charter/pdf/text_en.pdf

The word "finally" maybe?

Will a jury acquittal be seen as not being final?

pirelli

Victor wrote: »

How does this affect things?

http://www.europarl.europa.eu/charter/pdf/text_en.pdf

The British have radcially changed there rules against double jeopardy in the criminal justice act 2003. The CJA 2003 section 76 actually states that it obliges article 31 and 34 of the treaty of the europen union relating to the principle of ne bis in idem.


Such a specific reference makes me wonder if possibily it doesn't oblige the seventh protocol or article 50. Could one have misinterpreted the CJA 2003 ACT reference that it obliges the eu treaty relating to the principle of ne bis in idem.

seamus

Victor wrote: »

How does this affect things?

http://www.europarl.europa.eu/charter/pdf/text_en.pdf

The charter is not legally binding on EU members, and serves as a reference/guide only.

Lisbon makes it legally binding, but as pointed out, I imagine the word "finally" is up for interpretation.

Victor

There is a law report on a double jeopardy-type (much more complicated than that) case in today's Irish Times.