Double Jeopardy

Abstract

The claimant, a police officer, claimed that the double jeopardy rule and/or the doctrine of res judicata precluded the bringing or continuation of disciplinary proceedings in such circumstances. On 14 December 1998, the claimant was charged with conspiracy to pervert the course of justice. At a committal hearing on 17 May 1999, the district judge at Bow Street Magistrates’ Court declined to commit the claimant (and his co-accused) for trial and accordingly discharged them. On 8 June 1999, Eady J refused the Crown’s application for a voluntary bill of indictment on the same charge. The claimant was subsequently charged with an offence of discreditable conduct pursuant to the Police (Discipline) Regulations 1985.