• A person who has been tried in proceedings where he or she was at risk of the imposition of a penalty cannot be tried again on a charge that is substantially the same as the original charge.
  • This right only applies in respect of criminal offences and not civil trials that may result in a form of civil liability. Disciplinary penalties and sanctions will most likely not form a punishment for the purposes of this right.
  • This right only applies where a person has been finally acquitted or convicted (that is, after all appeals have been exhausted).
  • This right only applies to benefit the same legal person.
  • This right does not prevent the reopening of cases (including the conduct of a new trial) when a conviction has been found by an appeal court to have been the result of a miscarriage of justice.