REPRIEVE (from the French repris, withdrawn), in criminal law, means the withdrawal of a prisoner from the execution and proceeding of the law for a certain time. Every court which has power to award execution, 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 sentence of the court is suspended. A reprieve may proceed from the mere pleasure of the crown expressed to the court, or from the discretion of the court itself. The justices of jail delivery may either grant or take off a reprieve, although their session be finished, and their commission expired. A reprieve proceeding 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 tho indictment, &c., or from the appearance of circum stances favourable 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. Where it
has been gmnted 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 aro two cases in which a reprieve is necessarily granted. One is where a woman who has been capitally convicted pleads her preg nancy in delay of execution. Where such a plea is made, the judge must direct a jury of matrons to inquire of the fact ; and if they find that she is quick with child, the execution is delayed, either till after her delivery, or proof by lapse of time that she was not pregnant. The other is where a prisoner appears to 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 la, a reprieve must be granted.
If the reprieve is sent by the secretary of state, it is under the sign manual of the sovereign.