History of the Section

This right is modeled on article 14(7) of the ICCPR. Similar rights exist in comparative law. Refer to table below for further information.

Comparative rights table

Charter

Section 26: Right not to be tried or punished more than once

Section 26: A person must not be tried or punished more than once for an offence in respect of which he or she has already been finally convicted or acquitted in accordance with law.

ICCPR

Article 14 (7):


No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.

ACT: Human Rights Act 2004

Section 24

S Africa: Constitution of the republic of South Africa 1996 Chapter 2
Section 35(3)(m).
UK: Human Rights Act 1998
No equivalent section
Canada: Canadian Charter of Rights and freedoms

Section 11(h)

New Zealand: New Zealand Bill of Rights Act 1990

Section 26(2)