find the latest legal job
Senior Associate - Litigation & Dispute Resolution
Category: Litigation and Dispute Resolution | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Come work for a firm ranked in Lawyers Weekly Top 25 Attraction Firms
View details
Associate - Workplace Relations & Safety
Category: Industrial Relations and Employment Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Employer of choice · Strong team culture
View details
Freelance Lawyers
Category: Banking and Finance Law | Location: All Perth WA
· Freelance opportunities through Vario from Pinsent Masons
View details
Freelance Lawyers
Category: Other | Location: All Adelaide SA
· • Qualified lawyer with a strong academic background
View details
Freelance Lawyers
Category: Other | Location: All Melbourne VIC
· • Qualified lawyer with a strong academic background
View details
Revocation of double jeopardy risky

Revocation of double jeopardy risky

Revoking the law of double jeopardy could result in a "slipshod" of justice, according to the Law Institute of Victoria (LIV).Victoria's State Opposition is considering revoking the law if…

Revoking the law of double jeopardy could result in a "slipshod" of justice, according to the Law Institute of Victoria (LIV).

Victoria's State Opposition is considering revoking the law if elected in November, and the LIV has urged them to exercise caution in considering any such a proposal.

The rule against double jeopardy prevents a person who has been acquitted or convicted of an offence from being tried again for an offence relating to the same conduct or event.

"The rule ensures members of the public brought to trial can be sure that once their case is decided, and if they are proven innocent, they can get on with their lives instead of being open to endless retrials," said LIV president Steven Stevens.

"The rule also ensures that police and prosecutors cannot repeatedly put forward shoddy, cobbled together cases safe in the knowledge that if they get it wrong this time they can simply put forward another shoddy case whenever they like.

"The current double jeopardy laws not only protect those accused of crimes but also give the alleged victims the assurance that they will have a final resolution. The prospect of endless hearings and re-hearings is of no benefit to anyone."

Stevens also said an end to double jeopardy would significantly increase the cost of justice in Victoria, which would come at the expense of legal aid.

"Contrary to some views, lawyers are not interested in endless court cases, they are interested in justice. An end to double jeopardy would open the floodgates of repeated legal proceedings which would drain our already overstretched courts. The Law Institute of Victoria is opposed to this," he said.

Stevens called on the state government to maintain its support for double jeopardy and resist any temptation to enter a bidding war with the opposition in an attempt to "look tough on crime".

"The government is consistently on the record as supporting the principle of double jeopardy and the LIV calls on it to maintain this principled position," said Stevens.

"The principle of double jeopardy is also part of the Charter of Human Rights and Responsibilities introduced by the Brumby Government and the LIV expects the government will maintain its support for this important legal principle."

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Revocation of double jeopardy risky
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Scales of Justice, ALA, right-to-die law
Oct 24 2017
‘Right-to-die’ laws would be a relief for terminally ill: ALA
The passage of an assisted dying bill through the lower house of Victorian Parliament has been haile...
Diversity
Oct 24 2017
Diversity top of agenda for future WA Law Society president
The advancement of diversity in the Western Australian legal profession will be one of the key items...
Jetski
Oct 23 2017
How to fail well
The legal profession is due for an attitude adjustment when it comes to perceived failures, accordin...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...