The right not to be punished for something that wasn't against the law when you did it

No. This right is an absolute right, which means it cannot be restricted or interfered with by public officials under any circumstances.

However, the Human Rights Act does make an exception for acts that are against “the guiding principles of law recognised by civilised nations” even if they were not against the law in the country they took place at the time. This means that war crimes and crimes against humanity can still be prosecuted.

Compared with other rights in the Human Rights Act, there are very few examples of when the courts have found that this right has been breached in the UK. But, the law does change sometimes and new criminal offences can be introduced. Therefore it is important to think about when this right could be relevant to you.

Imagine you are living in Scotland and out for a walk. You get to a pelican crossing where you see that a red man is showing, meaning it isn't safe for you to cross over. But, the roads are quiet and you don't see any cars coming, so you decide it is safe to cross over anyway. At the time of writing this, crossing the road when you see a red man isn't illegal in Scotland, although it isn't very safe to do it. You cross the road and go about your day.

Two weeks later, a new law is introduced saying it is now illegal for people to cross at a pelican crossing when a red man is showing. The police say they are going to look at all the CCTV from the past month to find out who has crossed a pelican crossing at a red man. They identify you as someone who has done this, and they give you a fine for it. Because you did something before it became a criminal offence, being punished for it would be a breach of your Article 7 right.