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Retrospective reductions in the severity of substantive criminal law : The lex mitior principle and the impact of Scoppola v Italy No. 2.

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.

Abstract

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.

Item Type:Article
Keywords:Change of law, No punishment without law, Retrospective effect.
Full text:Full text not available from this repository.
Publisher Web site:http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=478&productid=7139
Date accepted:No date available
Date deposited:No date available
Date of first online publication:August 2011
Date first made open access:No date available

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