JT, R v

JT, R v

Section 86 of the Powers of Criminal Courts (Sentencing) Act 2000 cannot be applied to offences committed before 1st October 1992, as this would impose a heavier penalty than was applicable at the time, violating Article 7 of the European Convention on Human Rights; there is no clear legislative intent for retrospective application.

Parties
Prosecution: Regina; Appellant: J. T.
Jurisdiction
England and Wales
Judgment Date
17 February 2003
Procedural Posture
Criminal Appeal / Judgment
Outcome
extension of licence period quashed; original custodial sentence upheld
Legal Topics
Retrospective Penalties, Extended Licence Period, Sexual Offences, Interpretation of Statutes
Criminal Law Human Rights Retrospective Penalties Extended Licence Period Sexual Offences Interpretation of Statutes

Case Brief

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Parties

Regina

Prosecution

J. T.

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether section 86 of the Powers of Criminal Courts (Sentencing) Act 2000 can be applied retrospectively to offences committed before 1st October 1992
  2. 2 Whether the extension of the licence period constitutes a heavier penalty in violation of Article 7 of the European Convention on Human Rights

Ratio Decidendi

Section 86 of the Powers of Criminal Courts (Sentencing) Act 2000 cannot be applied to offences committed before 1st October 1992, as this would impose a heavier penalty than was applicable at the time, violating Article 7 of the European Convention on Human Rights; there is no clear legislative intent for retrospective application.

Court Disposition

extension of licence period quashed; original custodial sentence upheld

Orders

  • The purported extension of the licence period under section 86 is quashed.
  • The sentence of two and a half years' imprisonment remains as passed.