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Encyclopedia Britannica



REPRIEVE (reprise, from Fr. reprendre)

This article appears in Volume V23, Page 116 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: RAY-RHU
REPRIEVE (reprise, from Fr. reprendre) , in English law, a
term
  which originally meant remand to prison: later and more usually, the suspension for a time of the execution of a sentence passed on conviction of crime. The
term
  is now seldom or never used except with reference to sentences of death. Inthe case of
capital
  felonies other than murder the recording of sentence of death has the effect of a
reprieve
  by the
court
 . The
court
  which can
award
  a sentence is said to possess as of common right a discretionary power of granting a
reprieve
 . Courts of
justice
 , however, do not grant reprieves by way of dispensation from the penalties of the law, which is not for the judicial department, but for temporary purposes, e.g. of appeal or inquiry as to the state of mind or
health
  of the convict, or to enable him to apply for a pardon. Under the old
system
  of transportation it was a common practice to reprieve convicted felons as a step to induce them to consent to transportation to the American colonies (see the Old
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 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 Hawkins, P.C. bk. 2, c. 51; Blackstone, Commentaries.


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