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.
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 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.