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6.20.3. Reasonable and justified limits under s 7(2)

  1. As with all Charter rights, the rights in s 27(1)-(3) are subject to limitation in accordance with the general limitations clause in s 7(2).
  2. Victorian law provides for a person who has been acquitted to be tried again in certain circumstances, for example, where ‘fresh and compelling’ evidence emerges, or where the acquittal was achieved through some failure of the administration of justice, such as bribery of witness or perjury (see, eg, Criminal Procedure Act 2009, ss 327H, 327L-N, introduced by the Criminal Procedure Amendment (Double Jeopardy and Other Matters) Act 2011). This may mean that such circumstances fall outside the scope of the right, or they may be considered to be reasonable and justified limits on the right in s 26.
  3. The Statement of Compatibility for the Criminal Procedure Amendment (Double Jeopardy and Other Matters) Bill 2011 states that although it limits the right in s 26, that limitation is reasonable and justified under s 7(2). Factors mentioned in the Statement of Compatibility include:
  4. It may be that such factors would be taken into account by the courts in undertaking a limitations analysis under s 7(2).

Last updated: 10 May 2016

 

See Also

6.20. Right not to be tried or punished more than once (s 26)

6.20.1. Introduction

6.20.2. Scope of the right