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![]() "Wdtabor" wrote in message ... In article , "Paul Sengupta" writes: When he was first acquitted (before appeal) there was huge public support for him. The Government can appeal an aquittal in Britain? Here, in the States, if you are aquitted, that's it. No double jeopardy, no second guessing of a finding of fact by a jury, only appeals of procedural error. The principle of the prohibition on double jeopardy in the U.S. Constitution was actually based on British law. Britain does have a prohibition against trying someone anew for the same crime he has previously been acquitted. However, in certain cases the prosecution does have avenues to appeal the acquittal (sort of an extension of the first prosecution, not a second trial). There has been move afoot both in the UK and in some other areas of the commonwealth (such as Australia) to further broaden the cases where prosecution appeals could be made. Some of this is internally generated by an attempt to increase the ability to combat serious crime in the light of new evidence such as DNA testing. Part is also that bringing British law in line with the EU law considerably weakens the double jeopardy and certain other long standing principles of British law. |
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