Surjit Singh Chhokar Murder to be Reinvestigated by Strathclyde Police Under Double Jeopardy Legislation
CROWN OFFICE AND PROCURATOR FISCAL SERVICE
NEWS RELEASE
26 JANUARY 2012
SURJIT SINGH CHHOKAR MURDER TO BE REINVESTIGATED BY STRATHCLYDE POLICE UNDER DOUBLE JEOPARDY LEGISLATION
The murder of Surjit Singh Chhokar in 1998 is being reviewed by the Crown Office. Strathclyde Police have now been instructed to carry out further investigation into his murder under the Double Jeopardy legislation introduced in November last year.
The family of Mr. Chhokar were informed today of the Crown’s decision by the Lord Advocate, Frank Mulholland QC and the Solicitor General for Scotland, Lesley Thomson QC, at a meeting in the Crown Office, Edinburgh.
Communication and liaison with victim’s families is fundamentally important. Arrangements will be made to meet with those affected in all Double Jeopardy cases.
Other cases are currently under review by the Solicitor General which may be able to be prosecuted anew under the Double Jeopardy Act. The Crown is actively reviewing and examining potential cases as part of a programme under the new legislation.
The Solicitor General said: “The prosecution service is committed to make use of the powers under the new Double Jeopardy legislation. The Scottish Parliament, in passing the Act, has clearly stated that the passage of time since an acquittal should be no protection for those for whom there is new and compelling evidence of guilt. We hope that our commitment to the new legislation will give reassurance to victims and their families.”
Notes to editors:
1. The Double Jeopardy (Scotland) Act 2011 came into force in Scotland on 28 November 2011. The Act sets out five new conditions where an accused can be retried for a crime they were previously acquitted of: where there is a tainted acquittal e.g. interference with, or intimidation of, a juror or witness; a new or previously undiscovered confession; where new evidence comes to light in cases that were initially tried in the High Court; where the prior proceedings are legally null; or where an injured person subsequently dies. The High Court must grant the authority for any fresh prosecution under the Act.
2. Double Jeopardy cases will be handled by the Cold Case Unit, part of the COPFS Serious and Organised Crime Division.
3. To reduce any risk of prejudicing any new prosecution it would not be helpful to comment or speculate on which cases are being considered or how particular cases will be dealt with.
4. The Surjit Singh Chhokar case is not currently active under the terms of the Contempt of Court Act 1981. However the cooperation of Editors is requested to refrain from publishing material relating to the original investigation and trial which may prejudice future proceedings.
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