Incommon law systems, theperemptory pleas (pleas in bar) are defensivepleas that set out special reasons for which atrial cannot proceed; they serve to bar the case entirely. Pleas in bar may be used incivil orcriminal cases; they address the substantialmerits of the case.[1]
In a criminal case, the peremptory pleas are the plea ofautrefois convict, the plea ofautrefois acquit, and the plea ofpardon. The former two refer to cases ofdouble jeopardy.
A plea of "autrefois convict" (Law French for "previously convicted") is one in which thedefendant claims to have been previouslyconvicted of the same offense and that he or she therefore cannot be tried for it again.[2]: 181, 251 In the instance where a defendant has been summoned to both criminal and civil proceedings, a plea ofautrefois convict is essentially an application to 'merge' proceedings, giving rise tores judicata or a cause ofaction estoppel in civil proceedings.[2]: 277–278
A plea of "autrefois acquit" is one in which the defendant claims to have been previouslyacquitted for the same offence and thus should not be tried again. The plea ofautrefois acquit is a form of estoppel by which the state cannot reassert the guilt of the accused after they have been acquitted.[3] The plea prevents inconsistent decisions and the reopening of litigation.[3]
The limitations of these pleas have been circumscribed by various legal cases andappeals.[4] In England, Wales and Northern Ireland, significant changes were made by theCriminal Justice Act 2003, by which an acquittal on a serious charge can bequashed and aretrial ordered, if there is "new and compellingevidence" against the acquitted person.[5]
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In a civil case, a plea in bar alleges that circumstances exist that serve to block and defeat theplaintiff's case absolutely and entirely.[6] Pleas in bar can includeaccord and satisfaction or the running of thestatute of limitations. A special plea in bar advancesnew matter, while a general plea in bar denies somematerial allegation in thecomplaint.[7]
Criminal procedure (investigation) | ||
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| Criminal investigation | ||
| Criminal prosecution | ||
| Charges and pleas | ||
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