![]() ![]() The European Court of Human Rights has held that the protection from retrospective criminal laws “embodies, more generally, the principle that only the law can define a crime and prescribe a penalty…and the principle that the criminal law must not be extensively construed to an accused’s detriment, for instance by analogy”: Kokkinakis v Greece (1993) 17 EHRR 397. Section 25 of the HR Act prohibits both the creation of retroactive offences by legislation, and the retrospective application of criminal offences as developed by the common law, so as to encompass conduct not previously regarded as a crime. The protection from retrospective criminal laws is a fundamental principle of our legal system and means that a person should be in a position to know in advance whether their conduct would be criminal or not. This factsheet is not intended to be a substitute for legal advice. ![]() The nature of the right is relevant when considering what is reasonable. Note: Under the Act, all rights may be subject to reasonable limits (section 28). If the penalty for an offence is reduced after anyone commits the offence, he or she benefits from the reduced penalty. A penalty may not be imposed on anyone for a criminal offence that is heavier than the penalty that applied to the offence when it was committed. ![]()
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