When an offender was sentenced for historic sexual offences, he was not to be sentenced on any count to more than the maximum term available at the time of the offending. That said, sentencing had to reflect modern attitudes, and the court could take account of modern sentencing guidelines.
“HISTORIC” OFFENCES BAD CHARACTER CONDUCT EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.7 HISTORICAL OFFENCES INDECENT ASSAULT MODERN SENTENCING GUIDELINES NO PUNISHMENT WITHOUT LAW s.14 SENTENCE LENGTH SENTENCING SEXUAL OFFENCES SEXUAL OFFENCES ACT 1956 s.14(1) SEXUAL OFFENCES ACT 2003 s.72 VICTIM IMPACT
Alleged offences relating to prostitution and people trafficking as specified in a European arrest warrant for which the appellant’s extradition to Lithuania was sought amounted to extradition offences by virtue of the Extradition Act 2003 s.64(3). All the conditions of s.64(3) had been met, notably as the conduct alleged in the warrant had partly occurred in Lithuania and would constitute one or more offences under English law.
EUROPEAN ARREST WARRANTS EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.7 EXTRADITION EXTRADITION ACT 2003 s.64 EXTRADITION OFFENCES EXTRADITION ORDERS NO PUNISHMENT WITHOUT LAW OFFENCES SPECIFIED IN ARREST WARRANT AMOUNTING TO EXTRADITION OFFENCES BY VIRTUE OF S.64(3) EXTRADITION ACT 2003 Part 1 PART OF CONDUCT OCCURRING IN REQUESTING STATE PROSTITUTION s.10 s.52 s.53 s.59(3) s.60 s.60(1) s.60(2) s.64(2) s.64(3) s.64(4) SEXUAL OFFENCES ACT 2003 s.59
An order for an extended licence under s.86 Powers of the Criminal Courts (Sentencing) Act 2000 was preventive not punitive, and the addition of such an order to a sentence of imprisonment for an offence committed before 1 October 1991 did not violate Art.7 European Convention on Human Rights.
ART.7 COMMITTED BEFORE 30 SEPTEMBER 1998 CRIMINAL JUSTICE ACT 1991 s.1(2)(b) CRIMINAL LAW CRIMINAL PROCEDURE CUSTODIAL SENTENCES DECISIONS PER INCURIAM EARLY RELEASE ECHR EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS 1950 EUROPEAN CONVENTION ON HUMAN RIGHTS EXTENDED SENTENCES EXTENSIONS HUMAN RIGHTS INDECENT ASSAULT LEGALITY LICENCES NATURE OF ORDER EXTENDING LICENCE PERIOD NO PUNISHMENT WITHOUT LAW OFFENCES COMMITTED PRIOR TO COMMENCEMENT OF CRIMINAL JUSTICE ACT 1991 Part 2 PENALTIES POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.86 PREVENTIVE PUNISHMENT RETROSPECTIVE LEGISLATION RETROSPECTIVE PENALTY s.3 s.32(6)(a) s.33(1) s.33(3) s.37(1) s.38 s.44 s.85 S.86 POWERS OF THE CRIMINAL COURTS (SENTENCING) ACT 2000 SENTENCING SEXUAL OFFENCES SHORT TERM PRISONERS
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