LW105 Essay Question Level 4.pdf - Legal Skills LW105 at...

Question(s)
S 78 of the Criminal Justice Act 2003 requires ‘new and compelling evidence’ as
one of the conditions to be satisfied for the Court of Appeal to order a re-trial of a
defendant who has been acquitted.
Evaluate whether the Court of Appeal has achieved the right balance in its
interpretation of the requirement with regard to the legal principle of double
jeopardy. Choose two cases to illustrate your answer.
You may consult the following sources:
Ian Dennis, ‘Quashing Acquittals: Applying the “New and Compelling Evidence” Exception
to Double Jeopardy’ (2014) 4 Criminal Law Review 247
R v A [2008] EWCA Crim 2908
Submission Date: Wednesday 21 November 2018 at 10 am.
Please submit through FASER.
Format:
The essay should be type-written in Times New Roman 12 point. It should be double
spaced with a one inch (2.5 cm) margin around the whole page.
Length: Your essay must not exceed 500 words.
The word limit excludes the bibliography and the footnotes. Footnotes may only contain