Question to the Ministry of Justice:

To ask the Secretary of State for Justice, if he will make an assessment of the potential merits of reviewing the threshold for reopening cases under the exception to the double jeopardy rule introduced by the Criminal Justice Act 2003.

The Government recognises the fundamental importance of the rule against double jeopardy, as well as the need, in exceptional cases, to correct serious miscarriages of justice. The Criminal Justice Act 2003 permits a retrial only in cases involving the most serious offences, and only where new and compelling evidence becomes available. Such retrials require an application from the Director of Public Prosecutions and approval from the Court of Appeal, ensuring that any retrial serves the interests of justice. This framework is used very rarely and is designed to maintain an appropriate balance between the principles of finality and fairness. The Government keeps the law under review but has no current plans to lower or otherwise revise this high threshold.