Tuvalu

Criminal Procedure Code

PART VIII - PROCEDURE IN TRIALS BEFORE THE HIGH COURT ON INFORMATION

245 Plea of autrefois acquit and autrefois convict

(1) Any accused person against whom an information is filed may plead —
(a) that he has been previously convicted or acquitted, as the case may be, of the same offence; or
(b) that he has obtained the Queen’s pardon for his offence.

(2) If either of such pleas are pleaded in any case and denied to be true in fact, the court shall try whether such plea is true in fact or not.

(3) If the court holds that the facts alleged by the accused do not prove the plea, or if it finds that it is false in fact, the accused shall be required to plead to the information.

Keywords

Ne bis in idem
Ne bis in idem - State's own court



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