Spans in 'Dominica - Criminal Law and Procedure' tagged with 'Ne bis in idem'

'Ne bis in idem' in document 'Dominica - Criminal Law and Procedure'

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More information about the keyword 'Ne bis in idem'
More information about the document 'Dominica - Criminal Law and Procedure'
The relevant provisions of implementing legislation: [1] [2] [3]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART IV
SPEEDY TRIALS ON GUILTY CONFESSIONS

20.

(4) Plea by accused committed for sentence.

A person who has been committed for sentence may plead autrefois acquit, autrefois convict, pardon, or such special plea as he would be permitted to plead according to the law in force in England on 2nd November 1978, and in such case unless the accused and the prosecutor and the Judge consent to the issue being tried by the Judge without a jury, the Judge shall postpone the case for trial by a jury as provided in subsection (3).

PART VI
DILATORY PLEAS, ARRAIGNMENT, ETC.

30. Where party has been either convicted or acquitted, sufficient for him to say so.

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

PART VII
TRIAL, DEFENCE, VERDICT, ETC.

36. No person, after trial for any offence, to be tried for attempting to commit same offence.

(1) No person shall be tried or prosecuted for an attempt to commit any offence, who has been previously tried for committing the same offence.

RELEVANT ROME STATUTE PROVISIONS

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 or 8 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.