In Australia, double jeopardy laws have evolved through
significant reforms to balance the rights of the accused and ensure
the prosecution are able to re-agitate proceedings where
appropriate.
The principle is intended to protect the rights of individuals
by ensuring that the criminal justice system does not abuse its
power. However, some have argued that it can – in some cases
– obstruct justice by preventing a person from being retried
for a crime they may be guilty of.
The only exception to the double jeopardy rule is if the case
has fresh and compelling evidence that compels a Court to order a
retrial if it is in the interests of justice.
There are some key cases which explore the limitations of this
exception and the circumstances under which defendants may be
re-tried.
