Chapter 13 Multiple choice questions

1. Article 7 of the Convention embodies the basic principle that no one should be convicted or punished, except on the basis of an offence that existed at the time of the events and which is properly and clearly established in law. This is known by the Latin phrase ……….

2. Which one of the following is likely to involve a breach of Article 7?

The criminal punishment for war crimes of soldiers guilty of atrocities; at the time of the soldiers' actions, they were lawful under national law.

The creation of a new criminal offence by the House of Lords in order to deal with a case it is deciding.

A foreseeable extension of an existing crime to cover a new set of circumstances, but which is applied retrospectively.

A change to immigration law that is applied retrospectively.

3. Article 7 (para (1), second sentence) prohibits the courts imposing a more severe sentence on a convicted person than might have been imposed at the time the crime was committed. A 'penalty' is any detriment imposed on a convicted person following his or her conviction.

True

False

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