Page 284 - Magistrates Conference 2019
P. 284
Hearing Offences Together?
Autrefois or Abuse of Process
• Given the wide ambit of the principle concerning abuse
of process, consideration of the principles of autrefois
convict and acquit are more or less academic.
• In R v. Beedie [1998] Q.B. 356, autrefois is defined in
the narrower sense as recognised by Lord Devlin in
Connelly v. DPP [1964] A.C. 1254,1339-1340: “For the
doctrine to apply it must be the same offence both in
fact and in law”.
• Customs offences have either no mens rea or a
different mens rea from other offences, the principles
of autrefois convict and acquit are of little application.
