Reform for double jeopardy laws

People acquitted of serious crimes, including manslaughter, attempted murder, and rape, can now be retried under new laws passed in State Parliament today.

The changes expand the ‘fresh and compelling evidence’ double jeopardy exception to include 10 additional offences—six unlawful killing offences and four sexual offences. Previously, retrials were only permitted for murder cases.

The Criminal Code and Other Legislation (Double Jeopardy Exception and Subsequent Appeals) Amendment Act 2024 also introduces a new framework for addressing wrongful convictions. Convicted persons will now have the right to subsequent appeals if fresh or new and compelling evidence suggests a miscarriage of justice.

Both reforms will take effect later this year.

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