Police chief backs 'retrial' plans

Lawrence campaign prompted calls for change in the law

A senior police officer has expressed support for an end to the double jeopardy rule which prevents a person from being tried again after being found not guilty of a crime.

The Macpherson report into the Stephen Lawrence murder inquiry recommended the law be changed and the Conservatives are pressing the government to accept the recommendation.

William Hague: Change in the law is needed

The Chief Constable of Devon and Cornwall, Sir John Evans, told BBC Radio 4's Today programme there could be circumstances in which a person should face a second trial.

He said: "If some additional information came to light which suggested that a person previously acquitted is guilty of an offence, then I think there should be a means by which they could be retried."

The Law Commission is looking into the issue and an initial report last October backed the Macpherson report's arguments. Final detailed proposals and a draft bill are expected next year.

The Tories are arguing that because of technical advances, it is becoming more common for important new evidence - such as the offender's DNA - to emerge long after the crime.

The government has accused them of "knee-jerk" politics for jumping into the double jeopardy debate.

CPS might 'have a go'

Former High Court judge Sir Michael Davies said he had strong reservations about opening a "very dangerous door".

He told Today he feared changing the double jeopardy law would change the attitude of the police and Crown Prosecution Service.

He said it could encourage them to "have a go" at prosecuting even if there was not much of case at the time, in the knowledge that a second prosecution could be launched at a later date if stronger evidence emerged.

Sir Michael said: "There are plenty of fine phrases like adequate safeguards, substantial new evidence, and so on, being bandied about by the politicians but they are not answering a lot of questions.

"How long after the trial: six weeks, six months, six years - how long have people got to wait?

"Secondly it seems to me it may cause a rather serious culture change in the police and CPS."

Civil rights group Liberty has attacked the proposal as "macho" party politics which would remove a fundamental protection of the criminal justice system.

Hague speech

Tory leader William Hague will speak on the issue at the Police Federation's annual conference on Thursday.

It is understood his concerns have been raised by the Stephen Lawrence case.

Three suspects in the Lawrence case were acquitted of murder in 1996 after the judge in a private prosecution brought by Stephen's parents found there was insufficient evidence for a guilty verdict.

Last month a knife was discovered buried in the garden of a house occupied by two of the suspects at the time of the murder in 1993.

But even if new evidence pointed to one of the three acquitted suspects they could not be charged with murder or any similar offence arising from the stabbing at a bus stop in south-east London in 1993.

Last month Billy Dunlop, from Billingham, Teesside, admitted killing 22-year-old Julie Hogg at his perjury trial.

Dunlop, who had been acquitted of murdering Julie at a trial in 1991, was jailed for six years for perjury.

But he cannot be tried for murder under the double jeopardy rule.