Ne bis in idem

Grenada

Grenada - Constitution 1973 (1992) EN

CHAPTER I. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS

8. Provisions to secure protection of law

5. No person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.

6. No person shall be tried for a criminal offence if he shows that he has been pardoned for that offence.

Grenada - Criminal Code 1987 (2007) EN

''ITLE XI, Miscellaneous Matters, Special Provisions as to Certain Charges, 58. Case of full offence charged, attempt proved''

Where the complete commission of the offence charged is not proved, but the evidence establishes an attempt to commit the offence, the accused may be convicted of this attempt, and punished accordingly:

Provided that, after a conviction for the attempt, the person so convicted shall not be liable to be tried again for the offence which he or she was charged with committing.

Grenada - Criminal Procedure Code 1897 (1993) EN

''TITLE XI, Miscellaneous Matters, Special Provisions as to Certain Charges, 58. Case of full offence charged, attempt proved''

Provided that, after a conviction for the attempt, the person so convicted shall not be liable to be tried again for the offence which he or she was charged with committing.

''BOOK III Procedure Relating to Indictable Offences, PART V Trial in the Supreme Court, TITLE XVII
Mode of Trial, 142. Special pleas allowed to be pleaded''

(1)The following special pleas, and no others, may be pleaded, that is to say, a plea of autrefois acquit, a plea of autrefois convict, a plea of pardon, and such plea in cases of defamatory libel as is hereinafter mentioned.

(2) All other grounds of defence may be relied on under the plea of not guilty.

(3) The pleas of autrefois acquit, autrefois convict, and pardon may be pleaded together, and shall, if pleaded, be disposed of before the accused is called on to plead further; and if every such plea is disposed of against the accused, he or she shall be allowed to plead not guilty.

(4) In any plea of autrefois acquit or autrefois convict, it shall be sufficient for the accused to state that he or she has been lawfully acquitted or convicted, as the case may be, of the offence charged in the count to which the plea is pleaded.

(5) Every special plea shall be in writing, and shall be filed with the Registrar not less than twenty-four hours before the arraignment of the accused.

''BOOK III Procedure Relating to Indictable Offences, PART V Trial in the Supreme Court, TITLE XVII
Mode of Trial, 143. General effect of pleas of autrefois acquit and convict''

(2) If it appears that the accused might, on the former trial, have been convicted of any offence of which he or she may be convicted on the count to which the plea is pleaded, but that he or she may be convicted on that count of some offence of which he or she could not have been convicted on the former trial, the Court shall direct that he or she shall not be convicted on that count of any offence of which he or she might have been convicted on the former trial, but that he or she shall plead over as to the other offence charged.

Rome Statute

Article 20 Ne bis in idem

1. Except as provided in this Statute, no person shall be tried before the Court with respect to conduct which formed the basis of crimes for which the person has been convicted or acquitted by the Court.

2. No person shall be tried by another court for a crime referred to in article 5 for which that person has already been convicted or acquitted by the Court.

3. No person who has been tried by another court for conduct also proscribed under article 6, 7, 8 or 8 bis shall be tried by the Court with respect to the same conduct unless the proceedings in the other court:

(a) Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or

(b) Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice.