Committee Details

COMMITTEE’S REPORT

The committee tabled Report No. 1, 57th Parliament - Criminal Code and Other Legislation (Double Jeopardy Exception and Subsequent Appeals) Amendment Bill 2023 on 19 February 2024. The Bill was passed in the Legislative Assembly on 6 March 2023 without amendment.

NOTE:  SUBMISSIONS AND RELATED PUBLICATIONS RECEIVED PRIOR TO 13 FEBRUARY 2024 ARE LOCATED ON THE FORMER LEGAL AFFAIRS AND SAFETY COMMITTEE’S INQUIRY WEBPAGE HERE.

ABOUT THE BILL 

On 29 November 2023, Hon Yvette D’Ath MP, Attorney-General and Minister for Justice and Minister for the Prevention of Domestic and Family Violence, introduced the Criminal Code and Other Legislation (Double Jeopardy Exception and Subsequent Appeals) Amendment Bill 2023 into the Queensland Parliament.  The Bill was referred to the former Legal Affairs and Safety Committee. On 13 February 2024, the Legislative Assembly amended Schedule 6 of the Standing Rules and Orders of the Legislative Assembly, establishing the Community Safety and Legal Affairs Committee, and transferred the Bill to the Community Safety and Legal Affairs Committee for detailed consideration.   

View: Explanatory speech 
View: Bill 
View: Explanatory Notes 
View: Statement of compatibility 

Appeals

Appeals protect against erroneous outcomes in the criminal justice system. They serve important functions in relation to remedying violations of the right to a fair trial, providing legal consistency by resolving conflicting interpretations of the law and correcting anomalous application of the law, and enabling the development of doctrines relating to criminal justice.

The Bill contains amendments to enhance the ability of the criminal justice system to respond to possible wrongful convictions by introducing a framework for subsequent appeals against conviction.

Double Jeopardy

‘Double jeopardy’ refers to the principle that a person cannot be retried for an offence for which they have already been convicted or acquitted. The rule against double jeopardy is a longstanding, foundational tenet of the criminal law. 

All other Australian jurisdictions, except the Northern Territory, have a ‘fresh and compelling evidence’ double jeopardy exception that applies to a range of offences in addition to murder. 

The Bill contains amendments to enhance the ability of the criminal justice system to respond to possible unjust acquittals by expanding the offences to which the fresh and compelling evidence double jeopardy exception applies.

Objectives of the Bill

The objectives of the Bill are to enhance criminal justice system responses to possible wrongful convictions and unjust acquittals by:

• establishing a statutory framework to allow a person convicted on indictment or of a summary offence under section 651 of the Criminal Code Act 1899 to make, with the leave of the Court of Appeal, a subsequent appeal against the conviction; and
• expanding the fresh and compelling evidence double jeopardy exception to 10 prescribed offences in addition to murder.

For more in-depth information on the above please refer to the explanatory notes for the Bill.

FURTHER INFORMATION

Further information including written briefings, correspondence, response to submissions, transcripts and answers to questions taken on notice can be accessed under the Related Publications tab.

SUBMISSIONS

Submissions are now closed. Submissions accepted by the committee can be accessed under the “View Submissions” tab above.

TIMELINE