Lamont: Reforming double jeopardy laws are long overdue

The Justice Secretary has today introduced new legislation aimed at reforming the double jeopardy law.

John Lamont MSP, Shadow Cabinet Secretary for Justice, said:

"This is a welcome step but long overdue. Some crimes are so grave and heinous that where new evidence becomes available there is a very strong argument for a re-trial.

"These cases would be rare and should be subject to the approval of the High Court. However, today's forensic science and the availability of DNA evidence could have secured convictions in horrific cases if that knowledge had been available at the time of the original trial.

"In those few cases where new and compelling evidence could convict a criminal who committed a serious crime and deliver justice to families or victims, it is a change well worth making.

"Scottish Conservatives were the only party to include a commitment to changing double jeopardy laws in our 2007 manifesto and we welcome the Justice Secretary's announcement today - we look forward to studying the draft Bill in great detail."

1) SCOTTISH CONSERVATIVES WERE THE ONLY PARTY TO HAVE A COMMITMENT TO CHANGE THE DOUBLE JEOPARDY LAWS IN OUR 2007 ELECTION MANIFESTO

Before the last Holyrood elections, Scottish Conservatives proposed that in cases where new or compelling evidence becomes available, a retrial should be allowed at the discretion of the Lord Advocate and the Scottish Court of Criminal Appeal. This was roundly rejected by the Labour/Lib Dem Executive at the time.

A timetable summary is below:

i) Scottish Conservatives first called for a change in double jeopardy law in February 2007.

ii) On February 22nd 2007, a Scottish Conservative debate on double jeopardy took place in the Scottish Parliament. The Labour/Lib Dem Scottish Executive did not support Annabel Goldie's motion which proposed the abolition of double jeopardy.

The motion read:

*S2M-5613 Miss Annabel Goldie: Double Jeopardy-That the Parliament agrees that the criminal law of Scotland be changed so that persons acquitted of serious criminal charges can be tried again if new and compelling evidence comes to light.

It was amended by Johann Lamont by 64 votes to 41, with 9 abstentions.

iii) Annabel Goldie raised the issue again at First Minister's Questions on September 13th 2007. Alex Salmond admitted he supported Scottish Conservative calls for the abolition of double jeopardy.

2) In December 2009, The Scottish Law Commission recommended the Scottish Government scrap the double jeopardy rule where there are instances of intimidation, jury rigging or a later admission of guilt, but sat on the fence when it came to the issue of new or compelling evidence.

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