kirky
19-01-2005, 17:34
i thought under british law you couldn't be tried for the same crime twice:confused: :confused: :confused: :confused:
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View Full Version : Legal eagles (michael stone) kirky 19-01-2005, 17:34 i thought under british law you couldn't be tried for the same crime twice:confused: :confused: :confused: :confused: Twiglet 19-01-2005, 17:50 I haven't got time to go and look up all the news stuff on this but the principle is..... At an appeal you can have the appeal rejected and original sentence will stand, you can be acquitted, or your original trial can be declared a 'mis-trial' if it is believed, for example, that evidence was flawed. You then have another trial and are re-sentenced as you would be in a first trial. You cannot be tried under the same charges for a crime of which you have already been found innocent. In Michael Stones case, he was found guilty at his first trial. He appealed and the original trial was declared a mis-trial so he was re-tried and found guilty again. At this appeal it was just outright rejected. Hope this makes sense?? kirky 20-01-2005, 09:27 Originally posted by Twiglet I haven't got time to go and look up all the news stuff on this but the principle is..... At an appeal you can have the appeal rejected and original sentence will stand, you can be acquitted, or your original trial can be declared a 'mis-trial' if it is believed, for example, that evidence was flawed. You then have another trial and are re-sentenced as you would be in a first trial. You cannot be tried under the same charges for a crime of which you have already been found innocent. In Michael Stones case, he was found guilty at his first trial. He appealed and the original trial was declared a mis-trial so he was re-tried and found guilty again. At this appeal it was just outright rejected. Hope this makes sense?? cheers..hope he rots btw:mad: Cyclone 20-01-2005, 09:48 Originally posted by Twiglet I haven't got time to go and look up all the news stuff on this but the principle is..... At an appeal you can have the appeal rejected and original sentence will stand, you can be acquitted, or your original trial can be declared a 'mis-trial' if it is believed, for example, that evidence was flawed. You then have another trial and are re-sentenced as you would be in a first trial. You cannot be tried under the same charges for a crime of which you have already been found innocent. In Michael Stones case, he was found guilty at his first trial. He appealed and the original trial was declared a mis-trial so he was re-tried and found guilty again. At this appeal it was just outright rejected. Hope this makes sense?? you can also be retried now for certain crimes if new evidence comes to light. 999tigger 20-01-2005, 09:58 Going through the appeal system has always been allowed. It is not being tried more than once. In certain cases a mistrial can be declared i.e they have to do the trial again. The givernement was doing something about the rule on "Double Jeopardy", which is what you are talking about. Google it or use the bbc site. owdlad 20-01-2005, 10:17 There's a classic case of the law being an ass in the case of Steven Downing being set free from a life sentence, although the police are still insisting he was the right man. Don Hale the editor of a local newspaper fought for and got Downing his freedom, yet the police are still certain they have the right man. The right of the police or the DPP to order another trial should be sacred if they have found new evidence, even if the accused has been found not guilty at a previous trial. Hels 21-01-2005, 23:58 I'd like to see a verdict of 'Not proven' in English courts as there is in Scottish courts. That way if more evidence is obtained another trial can be undertaken. Phanerothyme 22-01-2005, 11:56 as this is moving into the realms of discussion, I'll shift this accross into general chat. ta. Lickszz 23-01-2005, 12:56 There were no bunting and balloons in Stone's cell. However, there are a few richer men in wigs. |