Criminal Justice Act 2003 - Part 10 retrial for serious offences

The provisions on the retrial of serious offences (double jeopardy) under Part 10 of the Criminal Justice Act 2003 came into force on April 4, 2005.

Following a recent trial at the Old Bailey, William Dunlop became the first person to be retried under these provisions. Dunlop pleaded guilty to the murder of Julie Hogg, in Billingham, Cleveland, on November 16, 1989. Dunlop had faced two previous trials for murder and on each occasion the jury failed to reach a verdict. He was formally acquitted in October 1991 at Newcastle Crown Court.

The offences that come under the provisions of Part 10 are:

• Murder.
• Attempted murder – under Section 1 of the Criminal Attempts Act 1981.
• Soliciting murder – under Section 4 of the Offences against the Person Act 1861.
• Manslaughter.
• Kidnapping.
• Rape – under Section 1 of the Sexual Offences Act 1956 or Section 1 of the Sexual Offences Act 2003.
• Attempted rape – under Section 1 of the Criminal Attempts Act 1981.
• Intercourse with a girl under thirteen – under Section 5 of the Sexual Offences Act 1956.
• Incest by a man with a girl under thirteen – under Section 10 of the Sexual Offences Act 1956.
• Assault by penetration – under Section 2 of the Sexual Offences Act 2003.
• Causing a person to engage in sexual activity without consent – under Section 4 of the Sexual Offences Act 2003, where it is alleged that the activity caused involved penetration within Section 4(4)(a) to (d).
• Rape of a child under thirteen – under Section 5 of the Sexual Offences Act 2003.
• Attempted rape of a child under thirteen – under Section 1 of the Criminal Attempts Act 1981 of attempting to commit an offence under Section 5 of the Sexual Offences Act 2003.
• Assault of a child under thirteen by penetration – under Section 6 of the Sexual Offences Act 2003.
• Causing a child under thirteen to engage in sexual activity – under Section 8 of the Sexual Offences Act 2003, where it is alleged that an activity involving penetration within Section 8(2)(a) to (d) was caused.
• Sexual activity with a person with a mental disorder. impeding choice – under Section 30 of the Sexual Offences Act 2003, where it is alleged that the touching involved penetration within Section 30(3)(a) to (d).
• Causing a person with a mental disorder impeding choice to engage in sexual activity – under Section 31 of the Sexual Offences Act 2003, where it is alleged that an activity involving penetration within Section 31(3)(a) to (d) was caused.
• Unlawful importation of Class A drug – under Section 50(2) of the Customs and Excise Management Act 1979, where it is alleged to have been committed in respect of a Class A drug (as defined by Section 2 of the Misuse of Drugs Act 1971).
• Unlawful exportation of Class A drug – under Section 68(2) of the Customs and Excise Management Act 1979, where it is alleged to have been committed in respect of a Class A drug (as defined by Section 2 of the Misuse of Drugs Act 1971).
• Fraudulent evasion in respect of Class A drug – under Section 170(1) or (2) of the Customs and Excise Management Act 1979, where it is alleged to have been committed in respect of a Class A drug (as defined by Section 2 of the Misuse of Drugs Act 1971).
• Producing or being concerned in the production of a Class A drug – under Section 4(2) of the Misuse of Drugs Act 1971, where it is alleged to have been committed in relation to a Class A drug (as defined by Section 2 of that Act).
• Arson endangering life – under Section 1(2) of the Criminal Damage Act 1971, where it is alleged to have been committed by destroying or damaging property by fire.
• Causing explosion likely to endanger life or property – under Section 2 of the Explosive Substances Act 1883.
• Intent or conspiracy to cause explosion likely to endanger life or property – under Section 3(1)(a) of the Explosive Substances A