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{{Short description|Defensive plea that lists special reasons why a trial cannot proceed}}
In [[common law|common law systems]], the '''peremptory pleas''' ('''pleas in bar''') are defensive [[plea]]s 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|civil]] or [[Criminal procedure|criminal cases]]; they address the substantial [[Merit (law)|merits of the case]].<ref>14B ''Michie's Jurisprudence'', Pleading § 45 (1988).</ref>

==Criminal==
In a criminal case, the peremptory pleas are the plea of ''autrefois convict'', the plea of ''autrefois acquit'', and the plea of [[pardon]]. The former two refer to cases of [[double jeopardy]].

A plea of "''autrefois convict''" ([[Law French]] for "previously convicted") is one in which the [[defendant]] claims to have been previously [[Conviction|convicted]] of the same offense and that he or she therefore cannot be tried for it again.<ref name="rogers">Rogers v The Queen (1994)</ref>{{rp|181, 251}} 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|action estoppel]] in civil proceedings.<ref name="rogers"/>{{rp|277–278}}

A plea of "''autrefois acquit''" is one in which the defendant claims to have been previously [[Acquittal|acquitted]] 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.<ref name="pearce">Pearce (1998) 194 CLR 610 [53]-[54].</ref> The plea prevents inconsistent decisions and the reopening of litigation.<ref name="pearce"/>

The limitations of these pleas have been circumscribed by various legal cases and [[Appeal|appeals]].<ref>{{cite web|url=https://www.no5.com/cms/documents/Double%20Jeopardy.pdf|access-date=18 October 2014|title=Double jeopardy|date=25 June 2013|author=Michelle Heeley|archive-date=19 October 2018|archive-url=https://web.archive.org/web/20181019001746/https://www.no5.com/cms/documents/Double%20Jeopardy.pdf|url-status=dead}}</ref> In England, Wales and Northern Ireland, significant changes were made by the [[Criminal_Justice_Act_2003#Retrial_for_serious_offences_(the_"double_jeopardy"_rule)|Criminal Justice Act 2003]], by which an acquittal on a serious charge can be [[Motion to quash|quashed]] and a [[New trial|retrial]] ordered, if there is "new and compelling [[Evidence (law)|evidence]]" against the acquitted person.<ref>{{cite web|url=http://www.legislation.gov.uk/ukpga/2003/44/part/10|title=Criminal Justice Act 2003, Part 10|date=20 November 2003|access-date=18 October 2014|publisher=UK Government}}</ref>

==Civil==
In a civil case, a plea in bar alleges that circumstances exist that serve to block and defeat the [[plaintiff]]'s case absolutely and entirely.<ref>''Black's Law Dictionary'', 4th ed. 1968, p. 1310, citing ''Rawson v. Knight'', 71 Me. 102; ''Wilson v. Knox County'', 132 Mo. 387, 34 S.W. 45.</ref> Pleas in bar can include [[accord and satisfaction]] or the running of the [[statute of limitations]]. A special plea in bar advances [[New matter (law)|new matter]], while a general plea in bar denies some [[material allegation]] in the [[Lawsuit|complaint]].<ref>''Black's Law Dictionary'', 4th ed. 1968, p. 1311, citing ''Gould, Pl.'', c.2, § 38.</ref>

== References ==
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{{Criminal procedure}}

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[[Category:Criminal procedure]]
[[Category:Legal defenses]]
[[Category:Legal terminology]]
[[Category:Pleas]]

Peremptory plea - Revision history

Ajay Kumar: Created a new article