No retrospective liability

Cards (8)

  • What is no retrospective liability?
    Where conduct is not an offence at the time committed, unfair to convict
  • Where is the idea of No Retrospective Liability laid out?
    Article 7(1) in the European Convention on Human Rights
  • What does Article 7(1) of the European Convention on Human Rights lay out No retrospective Liability as?
    No one shall be held guilty of any criminal offence which did not constitute a criminal offence under law at the time it was committed
  • What does No Retrospective Liability prevent?
    A government creating a law to make a person guilty even though it wasn't an offence when committed
  • What is one law that DID create retrospective liability?
    War Crimes Act 1991
  • How did the War Crimes Act 1991 create retrospective liability?
    Persons could be prosecuted for war crimes during Nazi Germany
  • It is rare in English Law for retrospective legislation to lead to a criminal prosecution
  • What will be considered when introducing retrospective legislation?
    Whether there's public interest in the law