According to s 79(1) of the Criminal Justice Act 2003 (CJA), the order for a retrial must
be ‘in the interests of justice’. S 79(2) CJA has provided the Court of Appeal with factors
to take into account in its assessment of the ‘interests of justice’ condition. The list is not
exhaustive, and the Court of Appeal has integrated other factors.
Evaluate the Court of Appeal’s rationale for adding to the list of s 79(2) CJA in light of
the principle of double jeopardy. Use two cases to illustrate your answer.
You may consult the following sources, amongst others:
Ian Dennis, ‘Quashing Acquittals: Applying the “New and Compelling Evidence”
Exception to Double Jeopardy’ (2014) 4 Criminal Law Review 247
You will be assessed in relation to the marking criteria for essays, which you will
find on Moodle. Pay particular attention to:
• the structure and clarity of your argument;
• the quality of the analysis that you provide;
• the appropriate use of footnotes and a complete bibliography.
Submission deadline: Monday 24th August 2020 – 12:00 NOON (British
Summer Time)
Please read the information on the next page
Word Limit: 500 words
This excludes bibliography and footnotes. Footnotes may only contain citations; no
other text or argument development. If you exceed the word count, marks will be
deducted.

Instructions:

• Upload your essay to http://faser.essex.ac.uk/ by 12:00 pm on the stipulated
  deadline.
• You must include an accurate word count on the cover and feedback sheet.
   An inaccurate word count, or a failure to provide any word count, will
  result in 5 marks being deducted.
• Your submission MUST be in MICROSOFT WORD format (.docx or .doc).
  Other formats will not be marked.
• Please start your essay on the fourth page of the Cover and Feedback Sheet.
• Please number your pages.
  Formatting:
• Font must be 12 point or more.
• Text must be double-spaced.
• The document must have a 1 inch margin around the whole page
  Feedback and Marking:
  Guidelines for marking criteria are included in the Feedback Grids on your Cover and
  Feedback Sheet. Feedback will be released about 4 weeks or 20 working days after
  submission. Please contact the module leader directly if you wish to discuss the feedback.
  Late Submission:
  Any submissions after 12:00 noon on the stipulated date are considered Late
  Submissions and will incur a mark of zero, unless you also submit a Late
  Submissions Claim that is accepted by the Late Submissions Committee. The
  submission may still be marked for formative purposes only. Please consult the
  Late Submissions policy if you submit after the deadline:
  https://www1.essex.ac.uk/students/exams-and-coursework/late-submission.aspx
  Academic Offenses:
  You are urged to read the information on Plagiarism at:
  Academic offences and academic integrity – Students – University of Essex