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Autrefois Acquit

Previously acquitted; an accused cannot be tried for a crime because the record shows he has already been subjected to trial for the same conduct and was acquitted.

French word now part of English criminal law terminology.

Refers to an accused who cannot be tried for a crime because the record shows he has already been subjected to trial for the same conduct and was acquitted.

If the accused maintains that the previous trial resulted in conviction, he or she pleads "autrefois convict."

"Autrefois attaint" is another similar term; "attainted" for a felony, a person cannot be tried again for the same offence.

Any attempt to re-try a person for the same offence can be met with the defence of double jeopardy.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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