Post-acquittal retrial for serious criminal offences

The common law principle against double jeopardy is a proscription against retrials for the same criminal offence following a trial on the merits by a court of competent criminal jurisdiction.1 The Minister for Justice, Equality and Law Reform has indicated that the law on double jeopardy might be reformed in this jurisdiction.2 This proposed statutory modification would not abolish the principle but rather provide for an exception where fresh and compelling evidence of the accused’s guilt is discovered following an acquittal or indeed where the acquittal has been tainted by an administration of justice offence.