CHAPTER THREE
Procedure

PART VI
INDICTABLE TRIALS

SUB-PART A
THE TRIAL

Plea of Autrefois Acquit or Autrefois Convict or Pardon

Autrefois acquit or convict and pardon pleaded together
866.— (1) The pleas of autrefois acquit, autrefois convict or par-don, may be pleaded together, and shall, if pleaded, be disposed of before the accused person is called on to plead further.

(2) In respect of the pleas of autrefois acquit or autrefois convict, it is 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 or counts to which such plea is pleaded.

(3) Where every such plea is disposed of against the accused, he or she shall be allowed to plead not guilty.


Discharge of accused on plea of autrefois convict
867.— (1) On the trial of an issue on a plea of autrefois convict to any count or counts, if it appears that the matter on which the accused person was given in charge on the former trial is the same in whole or in part as that on which it is proposed to give him or her in charge, and that he or she might on the former trial, if all proper amendments had been made which might then have been made, have been convicted of all the offences of which he or she may be convicted on the count or counts to which such plea is pleaded, the Court shall give judgment that he or she be discharged from the count or counts.

(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 or counts to which such plea is pleaded, but that he or she may be convicted on the count or counts of some offence or offences 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 the count or counts 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 or offences charged.

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.