Lawrence retrial prospect is raised

THE LAW Commission yesterday raised the prospect of a second prosecution of the men accused of murdering Stephen Lawrence, with proposals recommending changes to the law barring the retrial of defendants who have been acquitted.

THE LAW Commission yesterday raised the prospect of a second prosecution of the men accused of murdering Stephen Lawrence, with proposals recommending changes to the law barring the retrial of defendants who have been acquitted.

The change should only apply to serious crimes where substantial new evidence has come to light, according to the commission's provisional proposals published in a consultation paper, which also suggested the change could be applied retrospectively.

Sir William Macpherson of Cluny recommended a review of the centuries-old principle that someone should not face "double jeopardy" ­ being tried twice for the same offence ­ in his report earlier this year on the death of Stephen Lawrence. It followed outrage over the collapse of the case against three of the men accused of the black teenager's racist murder.

The consultation document by the Law Commission pointed out that exceptions to the principle barring second trials already existed in cases involving jury-nobbling or witness intimidation. It suggested that a new exception should be allowed in cases where:

* new evidence emerged making the prosecution case "substantially stronger";

* the evidence could not have been obtained before the first trial "if the prosecution had acted with due diligence";

* the offence was serious enough to be punishable by at least three years in jail;

* it was almost certain that the defendant would be convicted;

* the court was satisfied that a retrial was "in the interests of justice".

Prosecutors would have to go to the High Court to get consent for another trial.

The report said that although retrospective criminal legislation was banned by the European Convention on Human Rights, that rule did not apply to procedural changes such as those being proposed.

However, it was making no recommendation at this point whether the change, if introduced, should be applied to past cases.

The commission said although the review had been prompted by the Stephen Lawrence case, it was making no comment on whether the three defendants should face another trial.

A judge ordered the acquittal of Neil Acourt, Luke Knight and Gary Dobson on the grounds of lack of evidence after a private prosecution brought by Stephen's parents in 1996. The paper says cases that could be covered by the new exception include a "stranger" rape trial where the defendant successfully claims a case of mistaken identity and is acquitted.

The prosecution might be allowed to retry the accused if, for example, new DNA tests are developed that enable police to use smaller samples to identify suspects.

The commission also invited comments on whether there should be any time limit on the right of the prosecution to seek another prosecution.