Salmond Hint That Double Jeopardy Rule Could Be Axed

The centuries-old “double jeopardy” law which prevents someone from being tried twice for the same crime could be scrapped, the First Minister indicated yesterday in the wake of the World’s End fiasco.

Alex Salmond hinted to MSPs that he favoured changing the law to allow someone acquitted to be prosecuted a second time. He also suggested the Crown could be given a new right to appeal an acquittal.

His nod towards radical reform were made ahead of a statement to the Scottish Parliament from Elish Angiolini, the Lord Advocate, explaining why the World’s End case collapsed earlier this week, with the acquittal of serial sex killer Angus Sinclair.

Sinclair, 62, had been on trial for the rape and murder of teenagers Christine Eadie and Helen Scott, but Lord Clarke upheld a defence argument that there was no case to answer.

Sinclair already has convictions for two killings, three rapes and numerous sexual assaults against young girls and remains in Peterhead Prison. He is also chief suspect in four more murders of women in 1977.

In her statement, Mrs Angiolini robustly defended the Crown prosecutor’s handling of the case, and implied Lord Clarke was wrong to deny a jury the opportunity to consider a verdict. Nevertheless, she said she respected the right of the judge to reach his own decision in the case.

The Lord Advocate also strongly hinted that a man in prison for 30 years for the murder of Frances Barker in 1977 may have been the subject of a miscarriage of justice, as The Herald suggested earlier this week. Detectives are now convinced Ms Barker was, in fact, murdered by Sinclair.

During First Minister’s Questions yesterday, Annabel Goldie, the Conservative leader, whose party has long campaigned for the scrapping of the double jeopardy rule, repeated the call.

She demanded Mr Salmond honour what she said was a commitment made by Justice Secretary Kenny MacAskill earlier this year when the SNP was in opposition.

Mr Salmond said the issue had to be approached in a “comprehensive and thoughtful manner” and added: “We should consider this carefully.”

A spokesman for the First Minister said later: “His point of principle on this is not to have a knee-jerk reaction in relation to any particular case.”

The 800-year-old principle of double jeopardy was scrapped in England two years ago, but only for certain serious charges, such as murder. The move must be approved by the Director of Public Prosecutions – equivalent of the Lord Advocate in Scotland – and the Appeal Court must also agree to quash the original acquittal.

Cathy Jamieson, Labour deputy leader, told Mr Salmond of a growing mood to scrap the rule in Scotland. She said: “These are questions that are for politicians and not for prosecutors.”

But Patrick Harvie, the Green MSP – accusing Labour and Tories of “disgraceful opportunism” for demanding the abolition of the rule against double jeopardy just two days after the end of the World’s End trial – said the principle was vital.

“If we do as Labour and the Tories suggest and act without thinking, we will risk seeing innocent people convicted in future, which would destroy their lives as well as leaving the guilty to walk free.”

Later, when addressing the parliament, Mrs Angiolini insisted there had been enough evidence to prosecute Sinclair for the murders of Miss Eadie and Miss Scott.

She told MSPs she was disappointed the case had not reached a jury, and if the Crown had the right to appeal against the judge’s decision she would have done so.

She also told MSPs the job of prosecutors could be made easier if juries were informed of an accused person’s previous convictions if they had a history of predatory sexual assaults.