In the
common law, the peremptory pleas (pleas in bar), are
pleas that set out special reasons for which a
trial cannot go ahead. They are the plea of autrefois convict, the plea of autrefois acquit, and the plea of pardon.A plea of autrefois convict (
Law French for "previously convicted") is one in which the defendant claims to have been previously convicted for the same offence and that hence they cannot be tried again. A plea of autrefois convict can be combined with a plea of not guilty.A plea of autrefois acquit (Law French for "previously acquitted") means the defendant claims to have been previously acquitted of the same offence, on substantially the same evidence, and that hence he or she cannot be tried again. A plea of autrefois acquit can be combined with a plea of not guilty.
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autrefois acquit, claim that the accused has already been acquitted and therefore may not tried again for the same offense