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
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