Question

Read the scenario.

A jury rules that a defendant is not guilty of robbing a bank. This means the defendant is free to leave and can be released. A few days later, a detective finds video evidence that could prove that the defendant actually did commit the crime.

What prevents the court system from moving forward with this evidence?

the Constitution’s protections against unlawful searches
the Constitution’s protections against double jeopardy
the Constitution’s guarantee of a speedy trial
the Constitution’s guarantee of reasonable bail

Answer 1

The constitution protects against double jeopardy

Step-by-step explanation:

Section 35(3)(m) of the Constitution provides the constitutional guarantee that:

[e]very accused person has a right to a fair trial, which includes the right not to be tried for an offence in respect of an act or omission for which that person has previously been either acquitted or convicted.

This entails that a person cannot be tried twice in a court or tribunal of competent jurisdiction on the same set of facts or conduct. If the person is charged with a crime which is essentially the same as a previous charge where the person has been acquitted of convicted, the person is entitled to raise the plea of double jeopardy.