Each applicant having been convicted of indecent assaults involving children, now appealed an order banning them from working with children.
Held: The orders were not penalties within article 7. The order was available in the absence of a conviction, and it was intended as a preventive measure rather than a punitive one. The section could also apply to behaviour which had occurred prior to its commencement. The mere fact that a statute depends for its application in the future on events that have happened in the past does not offend against the presumption. The Court accepted a submission by the Secretary of State for the Home Department that the court should take a more relaxed approach to a potentially retroactive element in legislation where its intended purpose was, as it clearly was to protect children.
Judges:
Kay LJ, Grigson, Ouseley JJ
Citations:
Times 16-Jan-2003, [2002] EWCA Crim 2913, [2003] 1 WLR 882
Statutes:
Criminal Justice and Court Services Act 2000 28, European Convention on Human Rights 7
Jurisdiction:
England and Wales
Citing:
Cited – Welch v United Kingdom ECHR 15-Feb-1995
The applicant was convicted in 1988 of drug offences committed in 1986. The judge passed a sentence of imprisonment but imposed a confiscation order pursuant to an Act that came into force in l987.
Held: The concept of penalty in Article 7 was . .
Cited by:
Cited – Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its . .
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 – 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 . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Criminal Sentencing
Updated: 02 September 2022; Ref: scu.178767