Peremptory plea
Encyclopedia
In the common law
, the peremptory pleas (pleas in bar) are plea
s 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 of the same offence and that he or she therefore cannot be tried for it 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 he or she therefore cannot be tried for it again. A plea of autrefois acquit can be combined with a plea of not guilty.
Related doctrines include res judicata
and, in the criminal context, a plea in bar of double jeopardy
. In the plea of pardon, the defendant claims that he or she has been pardon
ed for the offence and therefore cannot be tried for it.
Under English law, there is an additional peremptory plea, that of special liability to repair a road or bridge. Under English law, local government authorities have the legal obligation to repair roads or bridges; but, in certain circumstances, the responsibility lies with a landowner instead. The local government authority, charged with a failure to repair a road or bridge, can allege that the responsibility lies with a landowner, at which point the proceedings against them are suspended and those against the landowner they allege to have the responsibility are begun; but, if the landowner is found not to be responsible, then the matter may be recommenced against the local government authority. (See R. v. Sutton, Court of King's Bench, 1833)
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, the peremptory pleas (pleas in bar) are plea
Plea
In legal terms, a plea is simply an answer to a claim made by someone in a civil or criminal case under common law using the adversary system. Colloquially, a plea has come to mean the assertion by a criminal defendant at arraignment, or otherwise in response to a criminal charge, whether that...
s that set out special reasons for which a trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
cannot go ahead. They are the plea of autrefois convict
Double jeopardy
Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction...
, the plea of autrefois acquit, and the plea of pardon
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
.
A plea of autrefois convict (Law French
Law French
Law French is an archaic language originally based on Old Norman and Anglo-Norman, but increasingly influenced by Parisian French and, later, English. It was used in the law courts of England, beginning with the Norman Conquest by William the Conqueror...
for "previously convicted") is one in which the defendant claims to have been previously convicted of the same offence and that he or she therefore cannot be tried for it 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 he or she therefore cannot be tried for it again. A plea of autrefois acquit can be combined with a plea of not guilty.
Related doctrines include res judicata
Res judicata
Res judicata or res iudicata , also known as claim preclusion, is the Latin term for "a matter [already] judged", and may refer to two concepts: in both civil law and common law legal systems, a case in which there has been a final judgment and is no longer subject to appeal; and the legal doctrine...
and, in the criminal context, a plea in bar of double jeopardy
Double jeopardy
Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction...
. In the plea of pardon, the defendant claims that he or she has been pardon
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
ed for the offence and therefore cannot be tried for it.
Under English law, there is an additional peremptory plea, that of special liability to repair a road or bridge. Under English law, local government authorities have the legal obligation to repair roads or bridges; but, in certain circumstances, the responsibility lies with a landowner instead. The local government authority, charged with a failure to repair a road or bridge, can allege that the responsibility lies with a landowner, at which point the proceedings against them are suspended and those against the landowner they allege to have the responsibility are begun; but, if the landowner is found not to be responsible, then the matter may be recommenced against the local government authority. (See R. v. Sutton, Court of King's Bench, 1833)