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

Bohlander, Michael

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.

Citation

Bohlander, M. (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, 627-641

• Journal Article Type: Article
• Publication Date: 2011-08
• Deposit Date: Apr 18, 2011
• Journal: Criminal law review.
• Print ISSN: 0011-135X
• Electronic ISSN: 2754-1665
• Publisher: Sweet and Maxwell
• Peer Reviewed: Peer Reviewed
• Issue: 8
• Pages: 627-641
• Keywords: Change of law, No punishment without law, Retrospective effect.
• Public URL: https://durham-repository.worktribe.com/output/1509636
• Publisher URL: http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=478&productid=7139