I am both saddened and disturbed to see that the Scottish government is seeking to scrap the law which prevents someone standing trial more than one for the same crime. I fear that it is not just the 'double jeopardy' law that is at risk here but an important piece of protection for the common man.
Being retrospective, the changes would mean that anyone who has been tried and found not guilty (or I assume the not proven which I believe `scottish law contains) could face a retrial.
The case that has brought this about is that of an already convicted killer, Angus Sinclair, who if the changes come about would stand trial a second time for what is known as the 'World's End' murders. Sinclair walked free (well free on these charges) from the court three years ago as the judge ruled that there was insufficient evidence that he had raped and murdered teenagers Christine Eadie and Helen Scott in 1977.
The police and the girl's families are convinced that Sinclair did the crime and welcome this move, seeing that it could bring a criminal to book as resolve the open cases.
Once again, a determination to bring about 'justice' will, in my opinion, open the door for injustice in that having been tried and found 'not guilty', people will again find themselves in the dock again. Having already been the subject of a trial the seeds will be sown (thanks to publicity and the like) to ensure that the second time around (or third, fourth, . . .?) the desired outcome is achieved.
Surely the key is to have a procurator fiscal (or DPP) whose officers work with the police to bring about sound and correct prosecutions the first time. If the evidence is flimsy or insufficient then surely this needs to be worked on (not like the Midlands and their serious crime chappies used to though) and efforts made to ensure that the prosecution is solid - not keep coming back until the desired outcome appears.
Eight hundred years of good reason for this law about to vanish because of the desire for vengeance rather than justice perhaps?
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