19/01/2010 - New video bill 'not retrospective'
Fast-track legislation to remedy a legal blunder - that meant the current Video Recordings Bill is not enforceable in the UK - will not affect previous convictions, the Government has said.
The Act, passed more than 25 years ago, was found to be flawed last August as the then Conservative government did not notify the European Commission of its contents, meaning retailers cannot be prosecuted for selling violent and pornographic films and computer games to children.
However, ministers have told peers they are confident that previously convicted retailers will not be able to appeal or quash their sentences.
The revived Bill is expected to become law on Thursday after it was cleared in the Commons in one day on January 6.
At the second reading, minister Lord Davies of Oldham said the Bill would not retrospectively validate previous convictions under the 1984 Act.
Lord Davies, an environment minister and media spokesman, said: "We did consider the issue of retrospectivity at some length with the prosecuting authorities, but it was not considered appropriate in these circumstances.
"Retrospective criminal offences should be introduced only in truly exceptional circumstances.
"Inclusion of such retrospective concepts in the Act would have weakened the justification for the 'fast-track' approach."
Copyright © Press Association 2010
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