united-kingdom england-and-wales double-jeopardy scotland
Does double jeopardy prevent someone being tried twice for the same offence in both England and Scotland?
<p>Let us say someone (D) commits an offence under an Act of Parliament applicable to both England &amp; Wales and Scotland,  and the circumstances mean that both England &amp; Wales and Scotland have jurisdiction (such as perhaps a cross-border fraud crime).</p>
<ol>
<li>The (Scottish) Crown Office and Procurator Fiscal Service (COPFS) charges D, and D is acquitted.  Subsequently, the (English &amp; Welsh) Crown Prosecution Service (CPS) charges D for the same offence under the same Act and the same set of facts.</li>
<li>The CPS charges D, and D is acquitted.  Subsequently, the COPFS charges D for the same offence under the same Act and the same set of facts.</li>
</ol>
<p>In either case, can the second prosecution against D be stopped on the grounds of double jeopardy, under English and Scots law, respectively?</p>

<p><a href="/questions/tagged/england-and-wales" class="post-tag" title="show questions tagged &#39;england-and-wales&#39;" rel="tag">england-and-wales</a></p>
<h1>Yes, double jeopardy applies</h1>
<p>The common law pleas of <em>autrefois acquit</em> and <em>autrefois convict</em> apply equally to foreign offences; <a href="https://www.lexisnexis.co.uk/legal/commentary/halsburys-laws-of-england/criminal-procedure/doctrine-of-autrefois-convict-or-autrefois-acquit-in-respect-of-offences-committed-abroad" rel="nofollow noreferrer">this is black letter law in <em>Halsbury's Laws of England</em></a>.  Scotland is &quot;foreign&quot; for these purposes.  There is no analogue to the odd US dual sovereignty doctrine.</p>
<p>The general exception to double jeopardy regarding the re-trial of serious offences under Part 10 of the Criminal Justice Act 2003 does <strong>not</strong> apply here, because of an odd anomaly created by the statute due to criminal justice being devolved to the Scottish Parliament.  As a result, according to the <a href="https://www.cps.gov.uk/legal-guidance/retrial-serious-offences" rel="nofollow noreferrer">Crown Prosecution Service</a>:</p>
<blockquote>
<p>There are no provisions dealing with qualifying offences [for retrial after acquittal] in Scotland
as criminal justice is a matter for the Scottish Parliament. At
present, the law in Scotland has not been changed so that these
provisions do not apply to acquittals that take place in Scotland.</p>
</blockquote>
