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 October 1992.
Held: The true nature of the provision was preventive, to ensure that some control was retained over a sex offender released early on licence, rather than punitive. The JT case had been decided without full reference to reported cases and was given per incuriam.
Kennedy LJ, Pitchers J
Powers of Criminal Courts (Sentencing) Act 2000 86, European Convention on Human Rights A-7, Criminal Justice Act 1991 44
England and Wales
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 – Regina v Field (Brian John); Regina v Young (Alfred) CACD 12-Dec-2002
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 . .
per incuriam – Regina v JT CACD 2003
The provisions of section 68 were punitive, and therefore could not be read to have retrospective effect. . .
Cited – Hogben v United Kingdom ECHR 3-Mar-1986
Cited – Regina v Hodgson CACD 27-Jun-1996
Court to make use of control over sex offenders in appropriate cases by the use of extended licences. . .
Cited – Regina (Uttley) v Secretary of State for the Home Department Admn 8-Apr-2003
The court had to consider consider whether the application of statutory provisions requiring a prisoner to be released on licence, that were not applicable at the date of the offence, violated Article 7. The claimant had been sentenced to 12 years’ . .
Cited – McFetrich, Regina (on the Application of) v Secretary of State for the Home Department Admn 30-Jun-2003
The defendant had been convicted of murder in Scotland. He requested a transfer to an English prison. The trial judge recommended a tariff of eight years which was eventually set at 12 years by the respondent. That figure also exceeded the maximum . .
Cited – Simpson v Regina CACD 23-May-2003
The appellant challenged a confiscation order made on his conviction of VAT fraud. It was argued that one could not be made unless a proper notice had been given, and none of the offences occurred before 1995. On the assumption that section 1 of the . .
Cited – Ibbotson v United Kingdom ECHR 1998
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’ . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing, Human Rights
Updated: 20 November 2021; Ref: scu.185761