News In Focus
12 February 2007
Tories in call for retrial law
Scottish Conservatives want to see Scots law changed to permit an accused person to be tried again if "compelling new evidence" emerges.
Such a reform would bring Scots law into line with the position south of the border, where the ancient rule against double jeopardy has been relaxed in a similar way under the Criminal Justice Act 2003.
A retrial in an individual case would require the agreement of the criminal appeal court and the Lord Advocate.
Scottish Conservative leader Annabel Goldie said that change was needed to reflect technological advances through which material not formerly usable as evidence might become available.
The Executive has no current plans to change the law in this way.