Part of English law for over 800 years, it was partially abolished in England, Wales and Northern Ireland by the Criminal Justice Act 2003 where, following demand for change, serious offences may be re-tried following an acquittal if new and compelling evidence is found, and if the trial is found to be in the public's interest. In Scotland a new trial can be initiated if, for example, the acquitted has made a credible admission of guilt. In some countries certain exemptions are permitted. If a double-jeopardy issue is raised, evidence will be placed before the court, which will typically rule as a preliminary matter whether the plea is substantiated if it is, the projected trial will be prevented from proceeding. These doctrines appear to have originated in ancient Roman law, in the broader principle non bis in idem ('not twice against the same').

Variation in common law countries is the peremptory plea, which may take the specific forms of autrefois acquit ('previously acquitted') or autrefois convict ('previously convicted'). In civil law, a similar concept is that of res judicata. Double jeopardy is a common concept in criminal law.

In jurisprudence, double jeopardy is a procedural defence (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare cases prosecutorial and/or judge misconduct in the same jurisdiction.

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