The old common law rule that prevented the prosecution from appealing against an acquittal did not form part of due process in its narrower sense as a fundamental right or freedom entrenched by the Constitution of Trinidad and Tobago s.4. In ordering a new trial after an acquittal an appellate court should be satisfied that it would be fair in the sense that there would not be a materially greater risk of an inaccurate verdict than there would have been if the case had been properly left to the jury at the first trial.

[2006] UKPC 1