376. Preventative sentencing and victim protection.

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