No retrospective liability

Question 1

What does no retrospective liability mean?

Answer 1

the law does not apply back in time. (precedent does apply but not in general terms).

Question 2

What should not be applied retrospectively and what is the hitch in this?

Answer 2

-parliamentary laws
-but this can be changed by the doctrine of parliamentary sovereignty.

Question 3

What is an example of a retrospective criminal law?

Answer 3

-Criminal justice act 2003

Question 4

What does the criminal justice act allow for?

Answer 4

-the retrial of people acquitted of murder if there is ‘new compelling, reliable and substantial evidence’

Question 5

When can the criminal justice act be used?

Answer 5

-re-prosecute people acquitted before the effect in 2005 and before it was even passed in 2003.

Question 6

What is an example of a time where the criminal justice act 2003 has been used?

Answer 6

-Murder of Steven Lawrence- even though the defendants had initially been acquitted.