A person who is charged with an offence can be freed after the third trial, if a jury fails to arrive at a verdict at all three trials.

The custom is that the Director of Public Prosecutions (DPP) does not proceed with a fourth trial as it is usually felt that it is oppressive to try an accused a fourth time.

A Clarendon businessman is seeking clarification with the case of a man who was freed earlier this year after no verdicts were reached after three trials and a man who reported that he was convicted twice for the same offence.

A minibus driver reported this year that he went to prison twice for an offence under the Road Traffic Act. He said he was charged with careless driving, and when he went to court he pleaded guilty to the offence and was fined $5,000 or 30 days' imprisonment.

He said he did not have the money to pay at the time and so he decided to serve the sentence.

After he came from prison, a policeman took him into custody for the same offence.

He said although he told the court that he had already served the sentence, no investigation was done to substantiate his claim and he was again fined $5,000 or 30 days. He said he had no money and so he had to go back to prison.

The minibus driver has since made a complaint to the Office of the Public Defender and is also planning to sue the government for false imprisonment.

The Constitution of Jamaica makes it clear that a person is not to be tried twice for the same offence once a verdict has been arrived at in his case.

In the case of the minibus driver, a verdict was reached because he pleaded guilty on the first occasion.

Section 20(8) of the Constitution of Jamaica states, in part, that "no person who shows that he has been tried by any competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence."