The ACT Government has released an information paper on double jeopardy reform to be progressed in the Territory. Double jeopardy refers to the common law rule that no person should be retried for an alleged crime for which they have previously been acquitted. That is, they should not be placed in a position of ‘jeopardy’ a second time. 

The information paper considers the five recommendations endorsed by the Council of Australian Governments in 2007 (Victoria and ACT reserved their position at the time) and proposes that the following recommendations be further considered for adoption in the Territory;

• retrials following an acquittal where there is fresh and compelling evidence; 
• retrials following acquittal where there has been a tainted trial; and 
• prosecution of acquitted people for administration of justice offences that call into question the acquittal. 

These proposals have been developed following consultation with stakeholders in 2013.  

The ACT Government is developing a Bill for introduction in the ACT Legislative Assembly in 2016. 

For further information on the proposed reform please contact Legislation, Policy and Programs jacslpp@act.gov.au or write to: Legislation, Policy and Programs Justice and Community Safety Directorate GPO Box 158 Canberra ACT 2601