Amendment to WA 'double jeopardy' law

New laws in Western Australia could allow retrials of people acquitted of serious crimes if new evidence comes to light.

The current laws prevent people from being tried twice for the same crime. However, the amendments will bring Western Australia in line with other states, and will be applied retrospectively. 

The amendments will allow the Director of Public Prosecutions, Attorney-General, Solicitor-General or other senior legal offices to apply to the Court of Appeal to retry even after an aquittal, provided that "fresh and compelling evidence" is available. Attorney-General Michael Mischin said yesterday that new forensic technology, such as DNA profiling, highlighted the need for reform in this area of the law. 

The new laws will only apply to the most serious offences, and there must be a strong case for a retrial before it will proceed. It must also be in the public interest, and police may not start investigating without permission from the Court of Appeal and prosecutors. 

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