PART 2. SPECIFIC RULES

TITLE 1. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

144. Provisions to secure protection of law

5. No person who shows that he or she 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 or she could have been convicted at the trial for that offence, save upon the order of a superior court in the course of appeal proceedings relating to the conviction or acquittal.

PART 2. SPECIFIC RULES

TITLE 1. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

144. Provisions to secure protection of law

6. No person shall be tried for a criminal offence if he or she shows that he or she has been granted a pardon for that offence.

PART I GENERAL PROVISIONS
TITLE 1 – INTRODUCTORY PROVISIONS

6. When any person convicted of any felony not punishable with death has endured, or shall endure, the punishment to which he has been or may be sentenced therefor, the punishment so endured has and shall have the like effects and consequences as a pardon under the public seal as to the felony whereof the offender has been or may be so convicted:
Provided that nothing herein contained, nor the enduring of that punishment, shall prevent or mitigate any punishment to which the offender might otherwise be lawfully sentenced on a subsequent conviction for any other felony.

PART III PROCEEDINGS IN THE COURT
TITLE 8 – PLEADING

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

PART III PROCEEDINGS IN THE COURT
TITLE 8 – PLEADING

Pleas
107 (3) The plea of autrefois acquit, autrefois convict, and pardon may be pleaded together, and if pleaded shall be disposed of before the accused person is called on to plead further; and if all those pleas are disposed of against the accused person, he shall be allowed to plead not guilty.

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

PART III PROCEEDINGS IN THE COURT
TITLE 8 – PLEADING

Pleas
108. (1) On the trial of an issue on a plea of autrefois acquit or autrefois convict to any count or counts, if it appears that the matter on which the accused person was tried on the former trial is the same, in whole or in part, as that on which it is proposed to try him, and that he might, on the former trial, have been convicted of all the offences of which he may be convicted on the count or counts to which that plea is pleaded, the Court shall give judgment that he be discharged from that count or those counts.

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

109. (1) Where an indictment charges substantially the same offences as that charged in the indictment on which the accused person was given in charge on a former trial, but adds a statement of intention or circumstances of aggravation tending, if proved, to increase the punishment, the previous acquittal or conviction shall be a bar to the subsequent indictment.

(2) A previous acquittal or conviction on an indictment for murder shall be a bar to a second indictment for the same homicide charging it as manslaughter, and a previous acquittal or conviction on an indictment for manslaughter shall be a bar to a second indictment for the same homicide charging it as murder.

PART III PROCEEDINGS IN THE COURT
TITLE 11 – TRIAL

Arraignment
139. Where an indictment contains a count charging the accused person with having been previously convicted, he shall not, at the time of his arraignment, be required to plead to it unless he pleads guilty to the rest of the indictment, nor shall that count be mentioned to the jury when the accused person is given in charge to them, or when they are sworn, nor shall he be tried upon it if he is acquitted on the other counts; but, if he is convicted on any other part of the indictment, he shall be asked whether he has been previously convicted as alleged or not; and, if he says that he has not or does not say that he has been so convicted, the jury shall be charged to inquire into the matter as in other causes.