Clause 63 - Application to Court of Appeal
Criminal Justice Bill
4:50 pm
Mr Hilary Benn (Parliamentary Under-Secretary, Home Office; Leeds Central, Labour)
I hear the hon. Gentleman's argument, but the Bill provides a mechanism for enabling the subsequent retrial to take place. A means of setting aside the previous acquittal is needed, and it must interrelate with the test that will be applied to decide whether retrial can occur. In due course, we shall turn to the argument about the nature of the test and how
high the barriers should be set. Different arguments have been advanced by Opposition Members on the question.
I understand the hon. Gentleman's point, but I am not persuaded that the amendment would provide a better mechanism. There are difficulties with the presumptions that would surround the term ''suspended acquittal'', and for that reason I resist the amendment.