BR, R v

BR, R v

An order for an extended licence under s86 PCC(S)A for offences committed before 1 October 1992 is preventive, not punitive, and does not amount to a heavier penalty under Article 7(1) ECHR. The order relates to the execution of the sentence and is not a retrospective penalty.

Parties
Respondent: R; Appellant: B. R.
Jurisdiction
England and Wales
Judgment Date
25 July 2003
Procedural Posture
Criminal Appeal / Judgment on Legality of Extended Licence Order
Outcome
appeal dismissed
Legal Topics
Retrospective Penalties, Extended Licence Orders, Article 7 ECHR, Sentencing, Indecent Assault
Criminal Law Human Rights Law Retrospective Penalties Extended Licence Orders Article 7 ECHR Sentencing Indecent Assault

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Parties

R

Respondent

B. R.

Appellant

Procedural Posture

Criminal Appeal / Judgment on Legality of Extended Licence Order

Legal Issues

  1. 1 Whether an order extending licence under s86 of the Powers of the Criminal Courts (Sentencing) Act 2000 for offences committed before 1 October 1992 is a retrospective penalty in breach of Article 7(1) ECHR
  2. 2 Whether such an order is punitive or preventive

Ratio Decidendi

An order for an extended licence under s86 PCC(S)A for offences committed before 1 October 1992 is preventive, not punitive, and does not amount to a heavier penalty under Article 7(1) ECHR. The order relates to the execution of the sentence and is not a retrospective penalty.

Court Disposition

appeal dismissed

Orders

  • The appeal against the extended licence order is dismissed.