Double Jeopardy (Scotland) Act 2011 (2011 asp 16)
The enactment of this legislation fundamentally altered the ancient principle that a person cannot be tried twice for the same offence. It permits retrials if compelling new evidence emerges post-acquittal, such as DNA advancements, or admissions post-trial. It also addresses cases where the original trial was tainted, ensuring that wrongful acquittals are rectified. The Act represents a significant shift towards ensuring just outcomes and public confidence in the legal system, while balancing the accused’s rights and the interests of justice.
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