While the applicant was serving a sentence for possession of obscene material, the 1997 Act came into force, requiring him to register with the police. It was argued that the passing of the Act and its impact on the offender involved a ‘penalty’ within the meaning of Article 7. The registration requirements applied automatically to an offender in the applicant’s position in that case and the judge had no role in the imposition of the Act’s requirements.
Held: ‘Overall the Commission considers that, given in particular the way in which the measures imposed by the Act operate completely separately from the ordinary sentencing procedures, and the fact that the measures do not, ultimately, require more than mere registration, it cannot be said that the measures imposed on the applicant amounted to a ‘penalty’ within the meaning of Article 7 of the Convention.’
Citations:
40146/98, [1999] Crim LR 153, (1998) 27 EHRR CD332, [1998] ECHR 119
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v R (Sentencing: Extended licences) CACD 25-Jul-2003
The imposition of an extended period of licence in respect of offences committed before 1992 did not infringe the defendant’s human rights. The defendant had been convicted of offences from 1976 and 1982. The commencement date for the 1991 Act was 1 . .
Cited – Regina v JT CACD 2003
The provisions of section 68 were punitive, and therefore could not be read to have retrospective effect. . .
Cited – Regina on the Application of Uttley v Secretary of State for the Home Department CA 30-Jul-2003
Licence conditions imposed at the time of sentence would restrict the defendant after he had served his sentence and been released, and so operated as a heavier penalty, and section 33(1) was incompatible with the defendant’s Art 7.1 rights.
Cited – R, Regina (on the Application of) v Durham Constabulary and Another HL 17-Mar-2005
The appellant, a boy aged 15, had been warned as to admitted indecent assaults on girls. He complained that it had not been explained to him that the result would be that his name would be placed on the sex offenders register. The Chief Constable . .
Cited – F and Another, Regina (on The Application of) v Secretary of State for The Home Department SC 21-Apr-2010
The defendants had been convicted and sentenced for offences which under the 2003 Act would mean that they stayed permanently on the Sex Offenders’ register without possibility of a review. The Secretary of State appealed aganst a finding that the . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing, Human Rights
Updated: 08 June 2022; Ref: scu.185764