Protection
against retrials for the same criminal offence is a fundamental principle of
criminal justice and procedure in legal systems concerned with securing due
process of law. The ancient common law prohibition on multiple trials, known as
the double jeopardy principle, is a legal concept that is well known throughout
the common law world. The salutary principle has constitutional status and
finds expression in numerous human rights treaties.
This
article evaluates the prohibition on double jeopardy (including the recent
statutory modification) and considers whether the protection is primarily a
procedural right for the protection of the accused or a procedural rule to
protect the institutional integrity of criminal justice process and judicial
outcomes.