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Retrospectively applying laws.

  • 13-07-2016 10:52am
    #1
    BattleCorp
    Registered Users, Registered Users 2 Posts: 11,790 ✭✭✭✭


    Does the Constitution or any other legislation prohibit the retrospective application of new law to criminalise acts that at the time of being committed were not illegal?


Comments

  • #2
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Yes. See caselaw re non-retroactivity and Article 15.5.1 of the Constitution:
    15.5 1°

    The Oireachtas shall not declare acts to be infringements of the law which were not so at the date of their commission.


  • #3
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    It's also in the Irish Human Rights and Equality Commission Act 2004 based on the UN Convention for the Protection of Human Rights and Fundamental Freedoms 1948 (and possibly in other pieces of legislation):-

    http://www.irishstatutebook.ie/eli/2014/act/25/schedule/3/enacted/en/html?q=Arrest&search_type=all
    Article 7(1)

    No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.

    On a side note, you can also be tried for a crime on an old law which may no longer exist but was in force at the time the offence occurred.
    Article 7(2)

    This article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by civilised nations.


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