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Theory of criminal law
Principles formulating rules in crim. law
No retrospective liability
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Liam
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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