Northern Ireland Office

Measures announced in the Criminal Justice Act 2003 have come into effect in Northern Ireland today.  Included in the new provisions are powers of retrial in certain circumstances, a new prosecution right of appeal and new evidential powers in relation to the admissibility of bad character and hearsay evidence. These measures come into effect following the commencement of these provisions in England and Wales.

The new power of retrial in certain circumstances provides an exception to the law on ‘double jeopardy’ which prevents a person being retried when he / she has been previously acquitted. The power will be available for a number of serious crimes where there is new and compelling evidence.

The provisions relating to prosecution appeal will allow prosecutors to have the opportunity to challenge a judicial ruling which either directly or effectively ends their case.

The new evidential powers provide for the greater admissibility of certain types of evidence in criminal trials. Under the new rules, hearsay evidence and evidence of a defendant’s previous convictions and other previous misconduct will be admissible providing the information is seen as relevant.

Notes to Editors

• The retrial provisions are created by direct extension of the relevant provisions in the Criminal Justice Act 2003.
• The provisions regarding prosecution appeals (Part 9 of the 2003 Act) are extended to Northern Ireland by way of Part II of the Criminal Justice (Northern Ireland) Order 2004.
• The evidence provisions (Part 11 of the 2003 Act) are extended to Northern Ireland by way of Parts II and III of the Criminal Justice (Evidence) (Northern Ireland) Order 2004.
• The serious offences for which retrials will be available are those which carry a maximum sentence of life imprisonment and are listed in Schedule 5 to the Act.
• The full text of the Criminal Justice Act 2003, the Criminal Justice (Northern Ireland) Order 2004 and the Criminal Justice (Evidence) (Northern Ireland) Order 2004 can be found on the Office of Public Sector Information website.
• Use of evidence of bad character will be subject to its value (in terms of throwing new light on a case) being greater than the risk that the evidence may result in an unfair trial.
• The new rules also provide comprehensive guidance on the use of bad character evidence in relation to witnesses.