Bohlander, Michael (2011) 'Retrospective reductions in the severity of substantive criminal law : The lex mitior principle and the impact of Scoppola v Italy No. 2.', Criminal law review. (8). pp. 627-641.
Analyses the European Court of Human Rights ruling in Scoppola v Italy (10249/03) that, for the purposes of the European Convention on Human Rights 1950 art.7, where there were differences between the criminal law in force at the time of the commission of an offence and subsequent criminal laws enacted before final judgment was rendered, the courts had to apply the law whose provisions were most favourable to the defendant. Discusses the implications of the ruling for English law, in particular whether it required the Interpretation Act 1978 s.16(1)(d) and (e) to be amended.
|Keywords:||Change of law, No punishment without law, Retrospective effect.|
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|Record Created:||30 Sep 2011 11:05|
|Last Modified:||12 Oct 2011 09:58|
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