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Acquittal
In common law jurisdictions, an acquittal means that the criminal prosecution has failed to prove that the accused is guilty beyond a reasonable doubt of the charge presented. It certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the United States, an acquittal prohibits the retrial of the accused for the same offense, even if new evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict or results from the operation of some other rule that discharges the accused. In other countries, like Australia, Canada and the UK, the prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction — but usually only if new and compelling evidence comes to light or the accused has interfered with or intimidated a juror or witness.
In Canada, the prosecution may appeal different types of decisions, judgments, or orders in criminal cases.
Under Section 676(1) of the Criminal Code of Canada, the Crown may appeal against:
Under section 676(1.1), the prosecution may, with leave of the court of appeal or a judge thereof, appeal against an acquittal in a summary offence proceeding or a sentence passed with respect to a summary conviction as if the summary offence proceeding was a proceeding by indictment if there was no appeal with respect to the summary conviction, the summary conviction offence was tried with an indictable offence, and there was an appeal in respect of the indictable offence.
Section 676(2) defines an acquittal as "an acquittal in respect of an offence specifically charged where the accused has, on the trial thereof, been convicted or discharged under section 730 of any other offence."
The prosecution may also appeal a decision where the judge imposes a sentence which is less than that required by law, where the judge does not impose a sentencing order, or where the judge does not impose a sentence of life imprisonment without parole for murder (the last provision being unconstitutional as concerning R. v. Bissonnette)
Scots law has two acquittal verdicts: not guilty and not proven. However, a verdict of "not proven" does not give rise to the double jeopardy rule.
In England and Wales, which share a common legal system, the Criminal Justice Act 2003 creates an exception to the double jeopardy rule, by providing that retrials may be ordered if "new and compelling evidence" comes to light after an acquittal for a serious crime. Also, the Criminal Procedure and Investigations Act 1996 permits a "tainted acquittal" to be set aside in circumstances where it is proved beyond reasonable doubt that an acquittal has been obtained by violence or threats of violence to a witness or juror/s.
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Acquittal
In common law jurisdictions, an acquittal means that the criminal prosecution has failed to prove that the accused is guilty beyond a reasonable doubt of the charge presented. It certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the United States, an acquittal prohibits the retrial of the accused for the same offense, even if new evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict or results from the operation of some other rule that discharges the accused. In other countries, like Australia, Canada and the UK, the prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction — but usually only if new and compelling evidence comes to light or the accused has interfered with or intimidated a juror or witness.
In Canada, the prosecution may appeal different types of decisions, judgments, or orders in criminal cases.
Under Section 676(1) of the Criminal Code of Canada, the Crown may appeal against:
Under section 676(1.1), the prosecution may, with leave of the court of appeal or a judge thereof, appeal against an acquittal in a summary offence proceeding or a sentence passed with respect to a summary conviction as if the summary offence proceeding was a proceeding by indictment if there was no appeal with respect to the summary conviction, the summary conviction offence was tried with an indictable offence, and there was an appeal in respect of the indictable offence.
Section 676(2) defines an acquittal as "an acquittal in respect of an offence specifically charged where the accused has, on the trial thereof, been convicted or discharged under section 730 of any other offence."
The prosecution may also appeal a decision where the judge imposes a sentence which is less than that required by law, where the judge does not impose a sentencing order, or where the judge does not impose a sentence of life imprisonment without parole for murder (the last provision being unconstitutional as concerning R. v. Bissonnette)
Scots law has two acquittal verdicts: not guilty and not proven. However, a verdict of "not proven" does not give rise to the double jeopardy rule.
In England and Wales, which share a common legal system, the Criminal Justice Act 2003 creates an exception to the double jeopardy rule, by providing that retrials may be ordered if "new and compelling evidence" comes to light after an acquittal for a serious crime. Also, the Criminal Procedure and Investigations Act 1996 permits a "tainted acquittal" to be set aside in circumstances where it is proved beyond reasonable doubt that an acquittal has been obtained by violence or threats of violence to a witness or juror/s.