Member

The difficulty with the noble Baroness’s amendment is that it would operate retrospectively, when it is an age-old principle of the criminal law that criminal offences should not have retrospective effect. The general reason for the rule, as I am sure is appreciated by your Lordships, is that offences with retrospective effect risk criminalising behaviour which was not illegal at the time the person behaved in that way. Subsequently to criminalise behaviour that was perfectly lawful at the time it took place is the behaviour of repressive regimes and not mature democracies.