The Reform of Double Jeopardy

One of the more controversial recommendations of the Macpherson Report on the Stephen Lawrence Inquiry was that consideration should be given to reforming the law relating to double jeopardy. As a result the Law Commission was asked by the Home Secretary to consider the current state of the law and to make recommendations; the House of Commons Home Affairs Committee in turn commented upon the proposals which were forthcoming. This paper considers the meanings of the double jeopardy rule currently reflected in the autrefois acquit and convict rules and the Connelly principle. It then explains that whilst the Lawrence case brought the double jeopardy rule into the spotlight, there are other underlying concerns driving the cause of reform, and these are discussed. Finally, the reports of both the Law Commission and the House of Commons Home Affairs Committee are examined in detail.