Autrefois Acquit is a legal term used in common law jurisdictions, particularly in the United Kingdom. It refers to a defence that can be raised by a defendant who has previously been acquitted of the same offense. The defence is based on the principle that a person should not be tried twice for the same crime, as it would violate the concept of double jeopardy.
When the defence of autrefois acquit is successfully raised, it means that the defendant cannot be prosecuted again for the same offense, regardless of any new evidence or circumstances that may have emerged since the previous acquittal. This defence can only be used if the elements of the offense in question are exactly the same as those in the previous trial.
The term “autrefois acquit” is derived from French, where “autrefois” means “previously” and “acquit” means “acquitted.” It is an important legal concept that protects individuals from being subjected to multiple trials for the same offense, ensuring fairness and preventing potential abuse of the legal system.
Autrefois Acquit is a legal principle that prevents a person from being tried for the same offence more than once. It is a common law doctrine that is based on the principle of double jeopardy, which protects individuals from being subjected to multiple prosecutions for the same offence.
Under Autrefois Acquit, if a person has been acquitted of a particular offence, they cannot be tried again for the same offence, regardless of any new evidence that may have emerged. This principle applies even if the previous acquittal was based on a technicality or a procedural error.
However, there are certain exceptions to Autrefois Acquit. For example, if new evidence emerges that proves the person’s innocence, they can be retried for the offence. Additionally, if the offence is considered a continuing offence, such as conspiracy or fraud, the person can be prosecuted for subsequent acts related to the offence.
Overall, Autrefois Acquit is an important legal principle that protects individuals from being subjected to multiple prosecutions for the same offence, ensuring fairness and preventing abuse of the legal system.
Q: What is Autrefois Acquit?
A: Autrefois Acquit is a legal term that refers to a defence in criminal law where a defendant argues that they cannot be tried for a crime because they have already been acquitted for the same offense.
Q: How does Autrefois Acquit work?
A: If a defendant can prove that they have already been acquitted for the same offense in a previous trial, they can use Autrefois Acquit as a defence to prevent being tried again for the same crime.
Q: Is Autrefois Acquit the same as double jeopardy?
A: Yes, Autrefois Acquit is similar to the concept of double jeopardy, which prohibits a person from being tried for the same crime twice.
Q: Can Autrefois Acquit be used in all criminal cases?
A: Autrefois Acquit can only be used as a defence in cases where the defendant has already been acquitted for the same offense in a previous trial.
Q: What is the burden of proof for Autrefois Acquit?
A: The burden of proof for Autrefois Acquit lies with the defendant, who must provide evidence that they have already been acquitted for the same offense in a previous trial.
Q: Can Autrefois Acquit be used in civil cases?
A: No, Autrefois Acquit is a defence specific to criminal cases and cannot be used in civil cases.
Q: What should I do if I believe Autrefois Acquit applies to my case?
A: If you believe Autrefois Acquit applies to your case, you should consult with a qualified criminal defence attorney who can advise you on how to proceed with using this defence.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March 2024.
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