Please use this identifier to cite or link to this item: https://hdl.handle.net/1959.11/27106
Title: Truth or Justice? Double Jeopardy Reform for Queensland: Rights in Jeopardy
Contributor(s): Edgely, Michelle  (author)orcid 
Publication Date: 2007-06-30
Open Access: Yes
DOI: 10.5204/qutlr.v7i1.159
Handle Link: https://hdl.handle.net/1959.11/27106
Abstract: This paper discusses proposed reforms to double jeopardy contained within the Criminal Code (Double Jeopardy) Amendment Bill 2007 (Qld) which is likely to be passed by Queensland's parliament later this year. The paper argues that the development of double jeopardy rules and the reform debate has been muddied by doctrinal confusion over whether double jeopardy is primarily a procedural right for the protection of accused individuals or a procedural rule to protect the institutional integrity of judicial outcomes. The paper critically examines the underlying rationales for double jeopardy protections along with arguments in support of the proposed reforms. The discussion of the proposed Queensland provisions takes place with regard to similar reforms that have been recently implemented in the UK and NSW and which are planned for New Zealand.
Publication Type: Journal Article
Source of Publication: QUT Law Review, 7(1), p. 108-137
Publisher: Queensland University of Technology, Faculty of Law
Place of Publication: Australia
ISSN: 2201-7275
2205-0507
Fields of Research (FoR) 2008: 180110 Criminal Law and Procedure
Socio-Economic Objective (SEO) 2008: 940499 Justice and the Law not elsewhere classified
Peer Reviewed: Yes
HERDC Category Description: C1 Refereed Article in a Scholarly Journal
Description: This content also appears as a book chapter:
Edgely, Michelle (2008). Truth or Justice? Double Jeopardy Reform for Queensland: Rights in Jeopardy, in. Radha Kalyani (ed.) Double Jeopardy: Emerging Issues. Amicus Books. The Icfai University Press. Hyderabad India. pp 57-100.
Appears in Collections:Journal Article
School of Law

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