After an acquittal there is
no chance of a retrial even if further evidence turns up, whereas delaying in the hope of further untainted evidence turning up or public sentiment changing is always an option, particularly since Britain has no criminal Statute of Limitations.
Not exact matches
The postponement, opposed by prosecutors as a delay tactic with little
chance of success before the Supreme Court, likely will put off any
retrial until next year, buying time for the 73 - year - old former Albany power broker, who had faced a 12 - year prison sentence.
The researchers also note that a 4.1 percent rate
of false conviction is conservative, given that separate calculations gauging the accuracy
of the assumptions that took an even more conservative stance — assuming that people who were executed had zero
chance of false conviction and that the
chances of exoneration after
retrial would be twice that
of people on death row — would still produce a larger figure than their 4.1 percent estimate.
Therefore, in light
of European case law, the SCC concludes that the absolute content
of the right to a fair trial does not require that a person convicted in absentia has the
chance of applying for
retrial if the right has been voluntarily and unequivocally waived and the person was duly summoned and defended at trial by counsel.