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Retrospective Law and Release from Prison.

Rory Kelly

    Oxford Journal of Legal Studies
    |June 16, 2025
    PubMed
    Summary

    Retrospective criminal law undermines legal accessibility and equality. Weak safeguards for prisoner release reform risk violating rule-of-law principles, necessitating reconsideration of case law.

    Area of Science:

    • Criminal Law
    • Human Rights Law
    • Legal Philosophy

    Background:

    • Retrospective criminal legislation can lead to injustices.
    • The censuring function of criminal law can worsen these injustices.
    • Existing safeguards for prisoner release reform are insufficient.

    Purpose of the Study:

    • To identify injustices arising from retrospective criminal legislation.
    • To analyze the impact of retrospective reforms on prisoner release.
    • To evaluate the adequacy of current legal safeguards.

    Main Methods:

    • Legal analysis of retrospective criminalization.
    • Examination of case law concerning penalties and their execution.
    • Assessment of Article 7 of the European Convention on Human Rights.
    Keywords:
    criminal lawretrospective legislationretrospective penaltiessentencing

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    Main Results:

    • Retrospective legislation undermines legal accessibility and equality.
    • Retrospective reforms in prisoner release threaten similar values.
    • Case law on 'applicable penalty' and 'penalty vs. execution' weakens safeguards.

    Conclusions:

    • Current case law requires fundamental reconsideration.
    • Reforms are needed to uphold rule-of-law values and provide practical safeguards.
    • Article 7 of the European Convention on Human Rights' purpose is not fully realized.