Acquittal

In the common law tradition, an acquittal formally certifies that the accused is free from the charge of an offense, as far as the criminal law is concerned. This is so even where the prosecution is abandoned nolle prosequi. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the United States, under the rules of double jeopardy and autrefois acquit, an acquittal operates to bar the retrial of the accused for the same offense, even if new evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict, or whether it results from the operation of some other rule that discharges the accused. In other countries, the prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction.

Scots law has two acquittal verdicts: not guilty and not proven. However a verdict of "not proven" does not give rise to the double jeopardy rule.

In England and Wales, which share a common legal system, the Criminal Justice Act 2003 creates an exception to the double jeopardy rule, by providing that retrials may be ordered if "new and compelling evidence" comes to light after an acquittal for a serious crime. Also the Criminal Procedure and Investigations Act 1996 permits a "tainted acquittal" to be set aside in circumstances where it is proved beyond reasonable doubt that an acquittal has been obtained by violence or threats of violence to a witness or juror/s.

In modern England and Wales, and in all countries that substantially follow English criminal procedure, an acquittal normally results in the immediate liberation of the defendant from custody, assuming no other charges against the defendant remain to be tried. However, until 1774 a defendant acquitted by an English or Welsh court would be remanded to jail until he had paid the jailer for the costs of his confinement. It was known for acquitted persons to die in jail for lack of jailer's fees.

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Wikipedia