Prosecuting a complex and unique double jeopardy case
Case study from the South East
Specialist Prosecutor (South East)
“This year, we secured a conviction in a complex double jeopardy case. In England and Wales, a person acquitted of a crime cannot normally be tried again for the same crime. But the law makes a rare exception - where new and compelling evidence comes to light, it is possible to reopen the case and apply for a retrial. These cases are known as double jeopardy and this is what happened in the case of Robert Rhodes.
“In 2017, a jury found Rhodes not guilty of murdering his wife Dawn after he successfully argued that he acted in self-defence. That changed when new evidence came to light, provided by a witness who was a child at the time of the crime, showing Rhodes had carefully planned the murder.
“We provided detailed advice to the police on their re-investigation ensuring all relevant lines of enquiry were explored to build the strongest possible case. We met personally with the child witness and their family to support them through this difficult process.
“I was proud that we were able to get justice for Dawn and for the child at the centre of this case. As a result of their evidence, everyone now knows the truth.”
Unit Head Appeals and Review Unit
“Before we could prosecute Robert Rhodes again, we had to take the case to the Court of Appeal and argue that the case should be retried. Double jeopardy cases are extremely rare. Applying to quash an acquittal is a serious step that only happens because new and compelling evidence has come to light. The Director of Public Prosecutions has to review each request and give his personal permission to take a case to the Court of Appeal.
“It is never easy to prosecute these cases. Everyone involved took a careful and detailed approach to examine all the new evidence and build the case.
“This was a unique case because most of our double jeopardy cases involve scientific evidence or developments in forensics that shine a light on the truth. In this case, unusually it was a new and compelling witness that changed the picture.”
In January, Rhodes was convicted of Dawn’s murder, two charges of perjury, one charge of perverting the course of justice and one charge of child cruelty. He was sentenced to life imprisonment, with a minimum term of 27 years and 321 days.