Judgments - Regina v. Governor of Her Majesty's Prison Brockhill Ex Parte Evans

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    My noble and learned friend Lord Slynn has already referred to the position in the European Court of Justice and explained that the present case would not come within the principles recognised by that court for qualifying the impact of its judgments. SW v United Kingdom (1995) 21 EHRR 363 shows that the Strasbourg jurisprudence recognises that, even in the criminal law and the definition of criminal offences, the law can be developed by domestic courts through judicial interpretation from case to case.

    It follows that I agree with your Lordships that the appeal on liability must be dismissed.



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