REPRIEVE (from the French repris, withdrawn) means the withdrawal of a prisoner from the execution and proceed ing of the law for a certain time. Every court which has power to award execu tion, has also power, either before or after judgment, to grant a reprieve. The consequence of a reprieve is, that the delivery or the execution of the sen tence of the court is suspended. A re prieve may proceed from the mere plea sure of the crown expressed to the court, or from the discretion of the court itself. The justices of gaol delivery may either grant or take off a reprieve, although their session be finished, and their com mission expired. A reprieve which pro ceeds from the discretion of the court is usually granted when, from any circum stance, doubt exists as to the propriety of carrying a sentence into execution. This doubt may be created either from the unsatisfactory character of the verdict, the suspicious nature of the evidence, the insufficiency of the indictment, or from the appearance of circumstances favoura ble to the prisoner. When a reprieve has been granted with a view to recommend to mercy a prisoner capitally condemned, a memorial to that effect is forwarded to the secretary of state, who recommends the prisoner to the mercy of the crown, and to a pardon, on condition of trans portation or some lighter punishment [PARDON.] Where it has been granted by reason of some doubts in point of law as to the propriety of the conviction, the execution of the sentence is suspended until the opinion of the judges has been taken upon it. The sentence is then
executed or commuted in accordance with their opinion.
There are two cases in which a re prieve is always granted. One is where a woman who has been capitally con victed pleads her pregnancy in delay of execution. [LAW, CRIMINAL, p. 228.] The other is where a prisoner appears o have become insane between judgment and the award of execution. In such case a jury must be sworn to inquire whether he really is insane. If they find that he is, a reprieve must be granted. de la Ley, 498 ; Hale, P. C. ; 2 Hawk. P. C. book ii. c. 51, 8, 9 ; 4 Blackstone, Com.) A reprieve is granted thus :—Before leaving an assize town, a calendar con taining the names, offences, and sen tences of the prisoners is prepared by the clerk of the assize, and is signed by the judge. If he thinks proper to re prieve any one of them, he writes the word " reprieved " in the margin of the calendar, opposite to the name of the pri soner, as follows :— 1 A. B. fox.
To I the murder of C. D. hanged.
If he leaves A. B. for execution, and subsequently reprieves him, he writes to the under-sheriff and the gaoler to say so, and such letter from the judge stays execution.
If the reprieve is sent by the secretary of state, it is under the sign manual of the king.