n Tydskrif vir die Suid-Afrikaanse Reg - Hervervolging van 'n vrygespreekte persoon op grond van nuwe getuienis - 'n geregverdigde uitsondering op die -beginsel?

Volume 2004, Issue 3
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



The British government recently introduced reform of the principle as applied in criminal proceedings. The reform concerns recognition of a new-evidence exception to the rule which prohibits retrial of an acquitted person. The idea that the discovery of significant new evidence justifies the reopening of an acquittal, has been driven by mainly two considerations: the advancement of forensic science and the increasing recognition in European Convention jurisprudence of the rights of victims. This article examines whether similar considerations require that the rule which absolutely prohibits a retrial after an acquittal, should be reconsidered also in South African law. The merits of reform of the rule are evaluated in the broader context of constitutional criminal procedure.

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