Section 125Part 6 — Procedure in Trials before the Grand Court
General effect of pleas of autrefois acquit and autrefois convict
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If, on the trial of an issue on a plea of autrefois acquit or autrefois convict, it appears that the matter on which the accused was tried on the former trial is the same in whole or in part as that on which it is proposed to try the accused, and that the accused might, on the former trial, have been convicted of any of the offences of which the accused may be convicted on the count to which the plea is pleaded, subject to subsection (2), the court shall give judgment that the accused be discharged from those counts which relate to such offences of which the accused might on the former trial have been convicted.
If it appears that the accused might, on the former trial, have been convicted of any offence of which the accused may be convicted on the count to which the plea is pleaded, but that the accused may be convicted also on that count of some offence of which the accused could not have been convicted on the former trial, the court shall direct that the accused shall not be convicted on that count of any offence of which the accused might have been convicted on the former trial, but that the accused shall plead over as to the other offence charged.
Upon the trial of an issue to which this section refers, the Judge shall determine whether in law the accused was convicted or liable to be convicted of any offence of which the accused stands charged or may be convicted on the count to which the accused has pleaded autrefois acquit or autrefois convict; but any issue of fact arising in relation thereto shall be for determination by the jury and the Judge may, if the Judge shall think fit, require the jury to return a special verdict in relation thereto.