LEAVING THE GLOSS OFF: A CRITIQUE OF THE APPELLATE COURTS’ APPROACH TO REINTERPRETATION OF LAW CASES
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Authors
Publication Date
2022-04Journal Title
The Law Quarterly Review
ISSN
0023-933X
Publisher
Sweet and Maxwell
Language
English
Type
Article
This Version
AM
Metadata
Show full item recordCitation
Freer, E. (2022). LEAVING THE GLOSS OFF: A CRITIQUE OF THE APPELLATE COURTS’ APPROACH TO REINTERPRETATION OF LAW CASES. The Law Quarterly Review https://doi.org/10.17863/CAM.83173
Abstract
This article explores the approach of the appellate courts in England and Wales to cases where an offender is properly convicted of a criminal offence under law as understood at the time of their conviction, but that law is later reinterpreted such that they might not have been convicted under the reinterpreted law. This may be because the scope of a defence has changed, or the elements of the offence that the prosecution must prove have altered, through reinterpretation of the common law or a statute by the courts. In such scenarios, any appeal is governed by the same requirements as all other appeals. To succeed in their appeal, the appellant must secure leave to appeal, and if they are granted leave, must show that their conviction is unsafe.
Keywords
Criminal law
Sponsorship
No funding
Embargo Lift Date
2023-04-30
Identifiers
This record's DOI: https://doi.org/10.17863/CAM.83173
This record's URL: https://www.repository.cam.ac.uk/handle/1810/335736
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