The imposition of a preventative, rather than punitive, sentencing measure that was not available at the time of the commission of the offence will not violate Article 71. Factors indicating that a measure is preventative include: the criteria to be taken into account for the purposes of deciding whether a measure is a 'penalty'2; the fact that the measure was aimed at the protection of the public, not the punishment of the offender; and the fact that the measure involved merely the execution, administration or machinery for the carrying out of the sentence, the overall length of which had
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234