New Judgment: R v Docherty  UKSC 62
14 Wednesday Dec 2016
On appeal from  EWCA Crim 1197
This appeal considered whether domestic courts ought to recognise and apply within the body of ECHR, art 7 the principle of ‘lex mitior’ (where the law most favourable to the defendant should apply where there are differences between the criminal law in force at the time of the commission of the offence and subsequent criminal laws enacted before a final judgment is rendered). The Supreme Court unanimously dismissed the appeal, holding that the Commencement Order bringing into force the relevant provisions of Legal Aid, Sentencing and Punishment of Offenders Act 2012 was lawful, and does not violate ECHR, art 7. As sentencing isa matter for the judge in English law, giving the sentence of Imprisonment for Public Protection (IPP) rather than an Extended Sentence for Public Protection (EPP) was lawful, and did not offend against the principle of ‘lex mitior’ as the maximum sentence for the appellant’s crime was the same under either IPP or EPP.
To watch the hearing, please visit: Supreme Court Website