- Autrefois comes from the French meaning *at an earlier time.* - Autrefois Acquit/Convict is a special plea in bar to a criminal prosecution. - The accused alleges they have been tried for the same offence before a court of competent jurisdiction. - And that they were acquitted or convicted. - From Connelly v DPP [1964] AC 1254 at 1305-1306, 412, 212-213: - A man cannot be tried for a crime which he has previously been acquitted or convicted; and - A man cannot be tried for a crime which he could have previously been indicted on and convicted; and - The same rules apply if the crime is substantially the same as another crime he was convicted on; and - One test that applies to whether this rule is alive is whether the evidence or facts constitute a second offence and that the accused could have been found guilty on this second offence; and - That this rule can be broken if the circumstances were to significant change, for example if an accused was convicted of an assault, which the person later died as a result of and it became a murder, he could be tried on murder; and - That on a plea of autrefois acquit/convict, the accused must prove the circumstances re: later or previous indictment and the current one; and - That it is immaterial re: the facts under examination or witnesses being called to the later proceedings as those were the same in earlier proceedings; and - That the accused may be able to prove that res judicata applies; and - There is a fundamental principle that a person is not to be prosecuted twice for the same crime. - *The burden of proof is on the accused* when taking autrefois acquit. - If an accused wishes to plea guilty to a lesser charge, but the prosecution want to proceed on the more serious charge; it is **not** autrefois convict.