Ivana Bacik (Independent)

I move amendment No. 32:

In page 11, line 11, to delete "Court of Criminal Appeal" and substitute "Supreme Court".

This amendment is self-explanatory. In my contribution on Second Stage of the Bill I noted that the May 2007 report by the expert group on balance in the criminal law gave rise to many of the provisions made in this Bill. My amendment seeks to give effect to the report's specific recommendation that an application be made to the Supreme Court. Section 7 deals with exceptions of the rule of double jeopardy in Part 3. This interpretation section defines "Court" as the Court of Criminal Appeal. The aforementioned report advises "that a greater rationality needs to be brought to the piecemeal development of the jurisdiction of the Court of Criminal Appeal" and recommends that appeals be brought instead to the Supreme Court.

This amendment is also appropriate in light of the new departure Part 3 makes to criminal law. Our neighbouring jurisdiction has already introduced statutory exceptions to the rule of double jeopardy but these provisions have been used only sparingly. Strong safeguards need to be inserted to ensure that persons acquitted following a trial will not be in fear of retrial other than in very rare cases.

Given the recommendations of the 2007 report, it would seem more appropriate that the DPP would apply for retrial orders under section 8 to the Supreme Court rather than the Court of Criminal Appeal.