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In common law, the peremptory pleas ( pleas in bar) are defensive that set out special reasons for which a trial cannot proceed; they serve to bar the case entirely. Pleas in bar may be used in Civil trial or criminal cases; they address the substantial merits of the case.14B Michie's Jurisprudence, Pleading § 45 (1988).
A plea of " autrefois convict" (Law French for "previously convicted") is one in which the defendant claims to have been previously Conviction of the same offense and that he or she therefore cannot be tried for it again.Rogers v The Queen (1994) In the instance where a defendant has been summoned to both criminal and civil proceedings, a plea of autrefois convict is essentially an application to 'merge' proceedings, giving rise to res judicata or a cause of Estoppel in civil proceedings.
A plea of " autrefois acquit" is one in which the defendant claims to have been previously Acquittal for the same offence and thus should not be tried again. The plea of autrefois acquit is a form of estoppel by which the state cannot reassert the guilt of the accused after they have been acquitted.Pearce (1998) 194 CLR 610 53-54. The plea prevents inconsistent decisions and the reopening of litigation.
The limitations of these pleas have been circumscribed by various legal cases and Appeal. In England, Wales and Northern Ireland, significant changes were made by the Criminal Justice Act 2003, by which an acquittal on a serious charge can be quashed and a New trial ordered, if there is "new and compelling evidence" against the acquitted person.
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