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They Walk Among Us - UK True Crime

Double Jeopardy / Jacqui Montgomery / Dennis McGrory

They Walk Among Us - UK True Crime

They Walk Among Us

True Crime

4.56.8K Ratings

🗓️ 27 September 2023

⏱️ 48 minutes

🧾️ Download transcript

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…


*** LISTENER CAUTION IS ADVISED *** 

  

This episode was researched and written by Emily G. Thompson.


Edited by Joel Porter at Dot Dot Dot Productions.


Script editing, additional writing, illustrations and production direction by Rosanna Fitton


Narration, editing assistance, additional writing, and production direction by Benjamin Fitton.


To get early ad-free access, including Season 1, sign up for They Walk Among PLUS, available from Patreon or Apple Podcasts.


Listen to our companion podcast ‘They Walk Among America' here: https://play.acast.com/s/they-walk-among-america


More information and episode references can be found on our website https://theywalkamonguspodcast.com


MUSIC: 


Growing Pains by Featherland 

Crooked Man by Wicked Cinema 

Sussex by Stephen Keech 

Unexpected Turn by Moments 

Beyond All Time by Moments 

Changing Tide by Moments 

Spooked by JShirts 

Deceptive Cadence by JCar 

Constant Surveillance by JCar 

Hallowed Halls by Adrian Walther 

Recognize by Grant Borland 

Hold This Place by Alice In Winter 

Woven by Alice In Winter 

Strangers by Craig Allen Fravel 

Shadow Passage by Cody Martin 

Intercept by Cody Martin 

Pursuit Of Wonder by Caleb Etheridge 


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Transcript

Click on a timestamp to play from that location

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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