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REPRIEVE (reprise, from Fr. reprendre) , in See also: English See also: law, a See also: term which originally meant See also: remand to prison: later and more usually, the suspension for a See also: time of the execution of a See also: sentence passed on conviction of See also: crime
.
The term is now seldom or never used except with reference to sentences of See also: death
.
Inthe See also: case of capital felonies other than See also: murder the recording of sentence of death has the effect of a reprieve by the See also: court
.
The court which can award a sentence is said to possess as of See also: common right a discretionary power of granting a reprieve
.
Courts of See also: justice, however, do not See also: grant reprieves by way of
See also: dispensation from the penalties of the law, which is not for the judicial department, but for temporary purposes, e.g. of See also: appeal or inquiry as to the See also: state of mind or See also: health of the convict, or to enable him to apply for a See also: pardon
.
Under the old See also: system of transportation it was a common practice to reprieve convicted felons as a step to induce them to consent to transportation to the See also: American colonies (see the Old See also: Bailey Regulations of 166a, J
.
Kelyng, ed
.
1873, p
.
1)
.
In cases of conviction of wilful murder the reprieve, if any, is granted by the home secretary on behalf of the See also: crown, and on convictions of murder the court seems now to have no power to reprieve except in the case of a pregnant woman
.
See See also: Hawkins, P.C. bk
.
2, c
.
51; See also: Blackstone, Commentaries
.
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