Editing Double jeopardy (section)

== Availability as a legal defence ==

If a double jeopardy issue is raised, evidence will be placed before the court, which will typically rule as a preliminary matter whether the plea is substantiated; if it is, the projected trial will be prevented from proceeding. In some countries, certain exemptions are permitted. In Scotland, a new trial can be initiated if, for example, the acquitted has made a credible admission of guilt. Part of English law for over 800 years, it was partially abolished in England, Wales and Northern Ireland by the [[Criminal Justice Act 2003]] where, following demand for change, serious offences may be re-tried following an acquittal if new and compelling evidence is found, and if the trial is found to be in the public's interest.<ref name="Weir"/> In some countries, including Canada, Mexico, and the United States, the guarantee against being "twice put in jeopardy" is a constitutional right.<ref>{{cite web |url=http://laws-lois.justice.gc.ca/eng/const/page-15.html |title=Canadian Charter of Rights and Freedoms |archive-url=https://web.archive.org/web/20160110221331/http://laws-lois.justice.gc.ca/eng/const/page-15.html |archive-date=10 January 2016}}, s 11 (h), Part I of the ''Constitution Act, 1982'', being Schedule B to the ''Canada Act 1982'' (UK), 1982, c 11</ref><ref>{{cite web |url=https://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html |title=U.S. Constitution|date=30 October 2015}} Amend. V.</ref> In other countries, the protection is afforded by [[statute]].{{efn|For example, in Western Australia:  "It is a defence to a charge of any offence to show that the accused person has already been tried, and convicted or acquitted upon an indictment or prosecution notice on which he might have been convicted of the offence with which he is charged, or has already been convicted or acquitted of an offence of which he might be convicted upon the indictment or prosecution notice on which he is charged."{{mdash}}<ref>{{cite web |url=http://www.austlii.edu.au/au/legis/wa/consol_act/ccaca1913252/ |title=Criminal Code Act Compilation Act 1913, Appendix B, Sch "The Criminal Code" s 17(1)}}</ref>}}

In [[common law]] countries, a defendant may enter a [[peremptory plea]] of {{lang|la|autrefois acquit}} ('previously acquitted') or {{lang|fr|autrefois convict}} ('previously convicted'), with the same effect.<ref name="Benét1864p97">{{cite book |title=A Treatise on Military Law and the Practice of Courts-martial |last=Benét |first=Stephen Vincent |date=1864 |page=[https://archive.org/details/cu31924030743268/page/n102 97] |url=https://books.google.com/books?id=Gq00AAAAIAAJ }}</ref>{{efn|The terminology apparently derived from [[Law French]], and is a mixture of French {{lang|fr|autrefois}} 'at another time [in the past]' and borrowed-English [[loanword]]s.<ref>{{cite book|title=A History of English Law |last=Holdsworth |first=Sir William |location=London |publisher=Methuen and Sweet & Maxwell |date=1942 |edition=5 |volume=3 |pages=611, 614}}</ref>}}

Double jeopardy is not a principle of [[international law]]. It does not apply between different countries, unless having been contractually agreed on between those countries as, for example, in the [[European Union]] (Art. 54 [[Schengen Agreement|Schengen Convention]]), and in various [[extradition treaties]] between two countries.