Truth or Justice? Double Jeopardy Reform for Queensland: Rights in Jeopardy

  • Michelle Edgely

Abstract

This paper discusses proposed reforms to double jeopardy contained within the Criminal Code (Double Jeopardy) Amendment Bill 2007 (Qld) which is likely to be passed by Queensland’s parliament later this year. The paper argues that the development of double jeopardy rules and the reform debate has been muddied by doctrinal confusion over whether double jeopardy is primarily a procedural right for the protection of accused individuals or a procedural rule to protect the institutional integrity of judicial outcomes. The paper critically examines the underlying rationales for double jeopardy protections along with arguments in support of the proposed reforms. The discussion of the proposed Queensland provisions takes place with regard to similar reforms that have been recently implemented in the UK and NSW and which are planned for New Zealand.

Downloads

Total Abstract Views: 1880  Total PDF Downloads: 2308

Published
Jun 30, 2007
How to Cite
EDGELY, Michelle. Truth or Justice? Double Jeopardy Reform for Queensland: Rights in Jeopardy. QUT Law Review, [S.l.], v. 7, n. 1, june 2007. ISSN 2201-7275. Available at: <https://lr.law.qut.edu.au/article/view/159>. Date accessed: 20 apr. 2019. doi: https://doi.org/10.5204/qutlr.v7i1.159.
Section
Articles - General Issue
Since 2015-12-04
Abstract Views
2308
PDF Views
3028
Until 2015-12-04:
Abstract Views
2134
PDF Views
1911