I understand your positions Courtney and TT2, I used to hold them myself. However, in the examples I provided and others of their ilk I would have no trouble in being 100% certain.
My suggested panel system would be to assess the original presiding judge's recommendation that he believed there was no doubt in the specific case. So not a double trial as such. It's only my suggestion, I'm sure the legal profession would refine/complicate such a proposal.
Anyway, it's pretty academic, I don't see parliament changing it's view anytime soon.