Commission recommendsdouble jeopardy rethinkCRIMINAL: mixed response to murder trial recommendationsCriminal practitioners this week gave a mixed reaction to the Law Commissions recommendation that defendants accused and acquitted of murder could face a second trial...Criminal practitioners this week gave a mixed reaction to the Law Commissions recommendation that defendants accused and acquitted of murder could face a second trial where fresh evidence comes to light.

Under the proposals, the Court of Appeal would have a right to quash an acquittal only in murder cases where there is reliable and compelling new evidence of guilt and a retrial was in the interests of justice.

New evidence would only be compelling if it made it highly probable that the defendant was guilty.However, the Commission also suggested that the fundamental rule against double jeopardy be strengthened and put on a statutory basis.

In addition, it also proposed that, in limited circumstances, the Crown should be able to appeal against an acquittal resulting directly from a judicial ruling.Law Society President Michael Napier said the Society was not fundamentally opposed to changing the law but remained unsure about how a persons right to a fair trial would be guaranteed.

He also expressed concern over the quality of police investigations if a second trial was possible.Law Society criminal law committee chairman Malcolm Fowler said that although he was uncomfortable over a weakening of the double jeopardy rule, he felt the Commissions recommendations were measured and logical.However, Franklin Sinclair, chairman of the Criminal Law Solicitors Association, said the recommendations were totally unfair and would mean people acquitted of murder living their lives under the shadow of a future prosecution.Sue Allen