Rethinking double jeopardy

5 January 2012

David Norris and Gary Dobson were convicted and sentenced for the racist murder of Stephen Lawrence this week. In an article for online magazine The Justice Gap, Garden Court North Chambers’ Mark George QC writes about the change in double jeopardy law which allowed this trial to go ahead.

In his article, Mark looks back to the historical origins of double jeopardy and contrasts the domestic position with that in the United States, “where it was regarded so fundamental that it was enshrined in the Fifth Amendment (‘nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb’™)”.

He explains that “the range of cases that can be re-tried as a result of the change in the law is limited…the interests of the accused are protected by the procedures that the prosecution have to initiate”.

Mark George QC is a barrister and Head of Chambers at Garden Court North Chambers.

Blog

Blog

Anthony Ellis sentenced to life imprisonment with 15-year minimum term for murder

Mr Ellis, represented by Garden Court North's Nina Grahame KC and Rosalind Burgin, was previously imprisoned for causing grievous bodily harm to the same victim.

Blog

Garden Court North to co-host leading inquest and immigration events in September

The INQUEST Northern Conference and Quiz and the North-West Migrants' Rights Conference will take place in September 2025.

Blog

Garden Court North’s housing team secure £26,222 in disrepair damages for family of eight

Huddersfield County Court ordered the landlord to pay damages and legal costs due to significant disrepair.

Blog

NT v Cyprus: European Court of Human Rights rules that Cyprus Government’s flawed rape prosecution violates Articles 3, 8, 14

Garden Court North's Leto Cariolou represented the Applicant in the Cypriot Government's mishandled rape allegation.

Sign up to our mailing list

Our mailing list is dedicated to professionals with an interest in our work.

Sign up