The Order in Council permitting the prosecution appeal of "Mo" Courtney's acquittal and allowing him to be retried for the same offense of which he had previously been acquitted stems from the Criminal Justice Act 2003. That Act, which applies in England and Wales, grants the government the right to appeal certain rulings by the trial judge in criminal prosecutions on an indictment, including a ruling that there is no case to answer, i.e., a directed verdict of acquittal, and if the appeal is successful, allows the reviewing court to order that the acquitted defendant?s trial be resumed or that the acquitted defendant be tried a second time for the same offense. This Article analyzes Parliament?s decision to permit such appeals and to allow the government to haul a previously-acquitted individual back into court and force him to defend himself a second time for the same offense.
David S. Rudstein,
Retrying the Acquitted in England Part III: Prosecution Appeals Against Judges' Rulings of "No Case to Answer",
San Diego Int'l L.J.
Available at: https://digital.sandiego.edu/ilj/vol13/iss1/3