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England and Wales Court of Appeal (Criminal Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> JT, R v [2003] EWCA Crim 1011 (17 February 2003) URL: https://www.bailii.org/ew/cases/EWCA/Crim/2003/1011.html Cite as: [2003] 4 All ER 877, [2003] EWCA Crim 1011, [2004] Prison LR 6 |
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CRIMINAL DIVISION
Strand London, WC2 |
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B e f o r e :
MR JUSTICE FULFORD
HIS HONOUR JUDGE ZUCKER
(Sitting as a Judge of the Court of Appeal Criminal Division)
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R E G I N A | ||
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J.T. |
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Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
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Crown Copyright ©
Monday, 17th February 2003
"(1) Where, in the case of long-term or short-term prisoner --
(a) the whole or any part of his sentence was imposed for a sexual offence; and
(b) the court by which he was sentenced for that offence, having had regard to the matters mentioned in section 32(6)(a) and (b) above, ordered that this section should apply,
Section 33(3) and section 37(1) above shall have effect as if for the reference to three quarters of his sentence there were substituted a reference to the whole of that sentence".
"(1) Where, in a case of a long-term or short-term prisoner --
(a) the whole or any part of his sentence was imposed for a sexual offence committed before 30th September 1998, and
(b) the court by which he was sentenced for that offence, having had regard to the matters mentioned in section 32(6)(a) and (b) of the Criminal Justice Act 1991, ordered that this section should apply."
There are similar references, as in section 44, to section 33 and section 37 of the 1991 Act (see paragraph 11 above).
"(1) No one shall be held guilty of a criminal offence on account of any act or admission which did not constitute a criminal offence under national or international law at the time when it was committed, nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.
(2) This article shall not prejudice the trial and punishment of any person for any act or admission which at the time it was committed was criminal according to general principles of law recognised by civilised nations."
"(1) So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with Convention rights.
(2) This section (a) applies to primary legislation and subordinate legislation whenever enacted, (b) does not affect the validity, continuing operation, or enforcement of any incompatible primary legislation and (c) does not affect the validity, continuing operation, or enforcement of any incompatible subordinate legislation, if, disregarding any possibility of revocation, primary legislation prevents removal of the incompatibility."
"It is a fundamental rule of English law that no statute shall be construed to have retrospective operation unless such a construction appears very clearly in the terms of the Act, or arises by necessary and distinct implication." (see 12th Edition page 239).
No such terms or necessary or distinct implication is to be found under the relevant legislation.