Rethinking double jeopardy: Justice and finality in criminal process

A recent Law Commission Consultation Paper has reconsidered the double jeop ardy rule. The Paper recommends, inter alia, the enactment of a new excepti on to the rule to allow for a ri trial where significant new evidence of gu ilt emerges after acquittal. This article reviews the Commission's proposal s and finds them justified, but argues that there is a need to rethink some of the details of the proposed exception.