Principles in formulating rules of law Flashcards
What does fair labelling mean?
Crimes should be defined to reflect their wrongfulness and severity
Why is fair labelling important? 2
Description i.e. crime must be accurately described.
Differentiation, i.e. crime must be clearly distinguished from other crimes.
What is fair labelling essential for?
Securing public confidence in the law and a sense of justice
What does correspondence mean?
The result which the defendant intends or foresees should match the result which occurs, shouldn’t be held liable unless they meant to do it, or ran the risk of it.
What does maximum certainty mean?
That decisions are made according to legal rules.
What does maximum certainty protect citizens from
Arbitrary use of power
What does no retrospective liability mean?
Laws do not apply back in time
What is a case example of retrospective liability?
R v Dobson and Norris
What is the act example of retrospective liability?
Criminal Justice Act 2003
