Paedophiles should be tried again for abuse if new evidence emerges, says the victims' commissioner

Child abusers should no longer be allowed to escape prosecution under the double jeopardy rule, says the victims’ commissioner.

Dame Vera Baird wants the law to be re-written so that paedophiles who have been acquitted of indecently assaulting children can be brought before the courts again if new evidence emerges.

It follows cases where sports coaches have been charged and acquitted but cannot be retried because the offences did not involve penetrative sex.

Less serious sexual assaults are not included in the list of offences where prosecutors can override double jeopardy - the rule barring the retrial of a defendant for an offence of which they have previously cleared by a court.

The changes to double jeopardy were introduced in 2003 by then Home Secretary David Blunkett to pave the way for the prosecution of the killers of Stephen Lawrence who had been acquitted. However, it was limited to only the most serious offences of murder, rape and arson.

In a letter to the new Justice Secretary, Dame Vera writes: “Sixteen years later, we now have a much better understanding of the terrible and long-term consequences of sexual offences committed against children.

“Our approach towards complaints and complainants is very different, as is the way in which we conduct investigations and gather evidence. Having consulted, I am proposing offences relating to non-penetrative sexual abuse of children be included.

“I am not suggesting a significant increase in the number of offences, but simply those focussed on the typical activity of a child abuser.”

It follows Dame Vera’s meeting the lawyer representing sex abuse victims of Southampton football coach Bob Higgins who was initially acquitted after six young players came forward in 1990.

He was convicted earlier this year of sexually touching and groping 24 victims, most of them trainees at Southampton FC and Peterborough, between 1971 and 1996, but the original six have been left without justice or closure, said Dino Nocivelli, lawyer for five of the six victims.

Dame Vera said: “The legal representative for five of the six complainants is of the view that there is new and compelling evidence in their cases.

“However, the statutory provisions for a re-trial following acquittal (double jeopardy) as set out in Chapter 10 of the Criminal Justice Act 2003 restrict scope for a re-trial to ‘serious cases’ as listed in Schedule 5 of the Act.

“The sexual offences listed in schedule 5 are those that involve penetration and, as I understand, carry a maximum sentence of life. Sexual assaults as alleged by the six complainants are not included.”

Mr Nocivelli said the new evidence was “substantial” and “compelling” as required by the law, in that there were now some 100 victims, with a consistent pattern of abuse at the same club and same method by a man who had been found to be a convicted abuser.

“We don’t want abusers on the street because of a legal technicality,” he said. “A change would allow these victims’ cases to be reopened and they could get justice and closure for the offences that happened to them.”

The Ministry of Justice said it was considering Dame Vera’s request. It said any changes could prompt demands for other crimes of arguably equal seriousness to be included but it accepted the list of offences was not “set in stone.” “Child sexual abuse is a heinous crime which has no place in our society,” said a spokesman.

Since 2013, it is thought thee have been 16 cases where the double jeopardy rule has been overruled. The court of appeal decides if a case can proceed and has powers to quash the acquittal if there is new and compelling evidence and direct a new case be heard.