Pressure over Bob Higgins case forces government to consider change double jeopardy law

The Government has bowed to pressure to consider changing the law on double jeopardy after it prevented Bob Higgins being prosecuted for sexually abusing another six schoolboy footballers.

As revealed by the Daily Telegraph, three of Higgins’ accusers launched a public campaign last month to expand the list of offences exempt from legislation designed to stop someone being tried for the same crime twice.

The trio of former Southampton youth players did so after revealing for the first time their pain and anger at being denied “justice” over their complaints against one of football’s most prolific paedophiles, who was jailed on June 12 for almost 25 years for molesting two-dozen schoolboys over the same period.

The 66-year-old was convicted more than a quarter of a century after being controversially acquitted of abusing the three campaigners and three other youngsters.

After being alerted to the campaign by the Telegraph, the new Victims’ Commissioner, Dame Vera Baird QC, wrote to the Justice Secretary, David Gauke, on her first day in office last month urging the Government to commit to a review of the list of offences exempt from double-jeopardy rules, which currently include murder and rape.

She then met justice minister Edward Agar, who told her to propose specific offences to be added to the list, with Gauke subsequently writing back to her to acknowledge the status quo “cannot be regarded as being set in stone”.

In his letter dated a week ago on Monday, he warned expanding the list is “not something we would undertake lightly”.

He added: “Any amendment would be certain to prompt requests for other offences of arguably equal seriousness to be added as well. But the list cannot be regarded as being set in stone.

“When you met Edward Agar on 4 July, you agreed to come back with proposals for particular offences that you consider should qualify for retrial where the other statutory criteria are met.”

A spokesman for the Victims’ Commissioner told the Telegraph yesterday: “We will be considering what offences Dame Vera might recommend for inclusion onto the list.”

The three ex-Southampton youngsters’ lawyer, Dino Nocivelli of Bolt Burdon Kemp, lodged a petition on the Parliament website last month calling for all sexual abuse offences to be exempt from double-jeopardy rules.

The public campaign followed two years of private lobbying, during which the Ministry of Justice told one of the trio that the Government had “no plans” to amend the existing legislation.

Nocivelli welcomed the U-turn and said he expected Gauke’s successor – the 47-year-old quit the Government yesterday after Boris Johnson won the race to become Prime Minister – to honour his commitment.

He added: “Obviously, this is a positive step in our campaign to change the law and we look forward to meeting the new Justice Secretary – whoever that may be – to progress matters.”