§ Lord Milner of Leedsasked Her Majesty's Government:
What are the terms of reference for the Law Commission's review of the law on double jeopardy. [HL3471]
§ The Minister of State, Home Office (Lord Williams of Mostyn)Following the recommendation in the Report on the Stephen Lawrence Inquiry, my right honourable friend the Home Secretary has today formally asked the Law Commission to undertake a review of the law on double jeopardy. The terms of reference for this review are:
"To consider the law of England and Wales relating to double jeopardy (after acquittal), taking into account:
recommendation 38 of the Macpherson Report on the Stephen Lawrence Inquiry that consideration should be given to permit prosecution after acquittal where fresh and viable evidence is presented;
the powers of the prosecution to reinstate criminal proceedings;
and also the United Kingdom's international obligations; and to make recommendations".