Double Jeopardy / Jacqui Montgomery / Dennis McGrory
They Walk Among Us - UK True Crime
They Walk Among Us
4.5 • 6.8K Ratings
🗓️ 27 September 2023
⏱️ 48 minutes
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Summary
Double jeopardy is a legal principle that somebody cannot go on trial for the same crime more than once. The rule, over 800 years old, was put in place to protect the innocent against judicial misconduct that could see them convicted, even after being found not guilty. A pivotal shift occurred twenty years ago, with the UK's double jeopardy law undergoing a significant transformation through the Criminal Justice Act 2003. This introduced substantial reforms, particularly for serious crimes. The amendment allowed the possibility of retrial for someone previously acquitted, if "new and compelling" evidence surfaced…
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This episode was researched and written by Emily G. Thompson.
Edited by Joel Porter at Dot Dot Dot Productions.
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Narration, editing assistance, additional writing, and production direction by Benjamin Fitton.
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Transcript
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| 0:00.0 | This episode contains distressing themes, profanity and descriptions of sexual violence. |
| 0:13.2 | This podcast is intended for a mature audience. |
| 0:18.5 | Listener caution is advised. |
| 0:28.9 | Double Jeopardy is a legal principle that somebody cannot go on trial for the same crime more |
| 0:35.9 | than once. |
| 0:44.2 | The rule over 800 years old was put in place to protect the innocent against judicial misconduct that could see them convicted even after being found not guilty. |
| 0:51.5 | A pivotal shift occurred 20 years ago, with the UK's double jeopardy law undergoing a significant |
| 0:58.3 | transformation through the Criminal Justice Act 2003. |
| 1:04.5 | This introduced substantial reforms, particularly for serious crimes. |
| 1:10.5 | The amendment allowed the possibility of retrial for someone who was particularly for serious crimes. |
| 1:19.9 | The amendment allowed the possibility of retrial for someone previously acquitted if new and compelling evidence surfaced. |
| 1:29.2 | This amendment triggered a wave of change, with the authorities revisiting past cases built on circumstantial evidence. |
| 1:35.9 | It also provided renewed hope for families of victims who had been denied justice. |
| 1:41.2 | Among those seeking resolution was Jackie Montgomery's loved ones, |
| 1:45.3 | who had been grieving her loss since 1975. |
| 1:52.3 | Their belief that the perpetrator had escaped due to a solely circumstantial case haunted them for decades. |
| 1:55.5 | But with the advancement of DNA technology combined with amendments to the law, a family found renewed determination, |
| 2:03.6 | driven by the conviction that justice might finally be served. |
| 2:09.6 | Well, this was a particularly vicious murder of a 15-year-old girl, where a sexual assault was part of the murderous attack. |
| 2:20.3 | DNA evidence just didn't exist in 1975. Forensic science was different, but forensic science did exist, |
| 2:29.3 | and it was thanks to the careful records made by forensic scientists and by the pathologists at the time. |
| 2:36.0 | It's an extremely serious and rare step to ask the Court of Appeal, as I did, to set aside an acquittal for murder. |
... |
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