377. Retrospective sentencing.

Article 71 prohibits the retrospective increase in the penalty imposed for an offence2: no heavier penalty should be imposed than the one that was available at the time an offence was committed3. However, the retrospective imposition of a sentence that falls within the maximum sentence available at the time of the commission of an offence is compliant with Article 7 even where the sentence is heavier than would probably have been imposed on the offender at the time of the offence4. Where a life sentence prisoner is detained beyond his tariff period, Article 7 will not be violated as