Supreme Court dismisses appeal and affirms acquittal, rejecting retrial after law change to favor prosecution.
Ireland (IE)
Legislator summary
AI generatedThe Supreme Court dismissed the Director of Public Prosecutions' appeal against the acquittal of J.C. (No. 2), affirming the original verdict pronounced in July 2012. The prosecution argued for a retrial following a legislative change favoring the state, but the court found no jurisdiction to order one. The decision rests on the absence of constitutional certainty and the lack of precedent for retrials after acquittal when the law subsequently shifts against the accused.
Legislator headnote
AI generateds. 23(11)(b) of the Criminal Procedure Act 2010; The Supreme Court holds that there is no jurisdiction to order a retrial after an acquittal if the law has subsequently changed to favor the prosecution, as such a trial would not be in due course of law.
Keywords
AI generatedCited Legislation
AI generatedFull text
THE SUPREME COURT
[2015] IESC 50
[Appeal No: 398/2012]
Denham C.J.
Murray J.
Hardiman J.
O’Donnell J.
Clarke J.
McKechnie J.
MacMenamin J.
Between/
THE DIRECTOR OF PUBLIC PROSECUTIONS
Prosecutor/Appellant
and
J.C. (No. 2)
Accused/Respondent
JUDGMENT of Mr. Justice Hardiman delivered the 22nd day of June, 2015.
1. I would dismiss the Appeal. It is unnecessary to go beyond the reasons set out in my judgment of 15 April, 2015.
2. I would not direct a retrial. I consider that there is no jurisdiction to do so. I note that there is no precedent, even in countries
that permit retrial after a successful appeal against acquittal, for a retrial after an acquittal and after the law has been changed to
favour the prosecution.
3. I do not consider that any retrial would be a trial “in due course of law” as required by Article 38 of the Constitution. I am not
confident that the procedural rules needed to ensure constitutional justice at any retrial are sufficiently clear to provide both parties
with legal certainty as to the terms of engagement at any retrial.
4. Accordingly, pursuant to s.23(11)(b) of the Criminal Procedure Act 2010 I would affirm the acquittal of J.C. pronounced on the 19th
July, 2012.