Part of Criminal Justice Bill – in a Public Bill Committee at 6:30 pm on 21 January 2003.
Dominic Grieve
Shadow Minister (Home Affairs)
6:30,
21 January 2003
That brings me back to my original point that many people—some in the Committee and some outside—take different views. We think that the principle of Double Jeopardy should not be interfered with, as we are planning to do, because it is a serious attack on an individual's certainties and civil liberties. We have chosen to do it, however. As the hon. and learned Lady knows, I have explained that there are divisions in all political parties. I am willing to co-operate to make the provisions work. I am not voting against these measures—I support them. I can see that there are public policy grounds for them, whereby the public demand that under certain circumstances it would be an offence against all the principles of justice for a person not to be tried again. That is despite all the perfectly good arguments that the Liberal Democrats, the hon. Member for North Down, and others—some in the Conservative party and some outside—have urged, that whatever the issues, Parliament should not embark on such a course at all. I simply say that the amendments would perhaps soften the blow. Parliament should perhaps recognise the issue, by providing for a compensatory mechanism to somebody who has been put through the process twice over, because of Parliament's decision on public policy grounds.
I have the impression that I do not have the Committee's support, so I shall press the matter to a vote, although I regret doing so. I think that in such exceptional circumstances compensation should be paid.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
The phrase stems from the 5th Amendment of the US Constitution; prohibiting individuals from being subject for the same offence to be "twice put in jeopardy of life and limb", and refers, in the strict sense, to three protections: protection from being retried for the same crime after an acquittal; protection from retrial after a conviction; and protection from being punished multiple times for the same offense.
When employed strictly, the mechanism can be used as a defense - for example, the policemen who beat up black motorist Rodney King in 1991 in Los Angeles, CA, were acquitted of assault in a county court, and as a result, could not be tried for those crimes in Federal court, and mirror court cases in the Southern United states in the 1960s where racially motivated crimes were not actively prosecuted nor convicted in local courts. A more pronounced example is that of U.S. citizen and terrorist Timothy McVeigh; sentenced to death for murdering eight U.S. federal employees with a bomb (as federal law only covers the federal employees killed in the explosion, a state court could have tried him for the deaths of the other hundred.
In 2003, Home Secretary David Blunkett abolished this strict form of double jeopardy; retrials are now allowed if there is 'new and compelling evidence'.
In addition, an optional protocol (specifically, the Seventh Protocol, Article Four) of the European Convention of Human Rights, which protects against double jeopardy, states: "No one shall be liable to be tried or punished again in criminal proceedings under the jurisdiction of the same State for an offence for which he has already been finally acquitted or convicted in accordance with the law and penal procedure of that State."; only Belgium, Germany, The Netherlands, Portugal, Spain, and the United Kingdom have not ratified this optional convention.