Labelling

• Principle of Fair labelling - this rule means that crimes should be defined to reflect their severity. Fair labelling is important because the crime must be properly described and include all the necessary elements to be communicated. In addition, the crimes must be distinguished from each other to reflect particularly when looking at the fault of the defendant and social condemnation that is attached to crimes. Think about the categories of offence.
• Principle of Correspondence - this means the consequence the defendant intends or foresees should correspond/match the consequence that occurs. D should not be held liable for their actions unless they meant to do it.
• Maximum certainty - when legal rules are made they must be certain and clearly defined, therefore any person should be able to determine in advance what conduct is or is not criminal and adjust their behaviour so they do not break the law
• No retrospective liability - this means the law introduced should apply to the future so does not apply back in time. Therefore if you committed a murder and were acquitted, you could not be tried again for the same crime. It prevents Governments making law to make a person guilty.
• the Criminal Justice Act 2003 states if there is ‘new and compelling reliable evidence’ to suggest the acquitted person is guilty they can be re-tried.
• the Criminal Justice Act 2003