Model Criminal Code. Chapter 2, Issue estoppel, double jeopardy and prosecution appeals against acquittals : discussion paper / Model Criminal Code Officers Committee of the Standing Committee of Attorneys-General
Part 1. The general principles of double jeopardy -- Part 2. Autrefois acquit law: the effect of aquittals at common law -- Part 3. Autrefois aquit law: the principles applied to prosecution appeals -- Part 4. Autrefois acquit law: the Carroll decision -- Part 5. Autrefois acquit law: statute law on prosecution appeals -- Part 6. Autrefois acquit at common law: recent inquiries arguing for change -- Part 7. Examination of the proposals for change of the common law principle -- Part 8. Some general conclusions -- part 9. Proposals for reform of the double jeopardy principle -- Part 10. Prosecution appeals
Summary
"This discussion paper deals with the law on double jeopardy. 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 rules which govern this area of law are technical and complex, and will not be the main focus of this paper. This paper will focus instead on the principles which guide and reinforce the application of the law on double jeopardy in relation to acquittals and subsequent prosecutions. The views expressed by the Committee are reflected in the draft model provisions that accompany this paper." -- p. ii
Analysis
Double jeopardy
Model criminal code
Appeals
Estoppel
Acquittals
Electronic resource
Notes
"November 2003"
Bibliography
Includes bibliographical references
Notes
Also available in an electronic version on the Internet. Address as 2 February http://www.ag.gov.au/www/rwpattach.nsf/viewasattachmentPersonal/8EF340FDBADF0DB8CA256DEB00185581/$file/0%20Double%20Jeopardy%20discusion%20paper.pdf