26: Dangerous Offenders Flashcards
Discretionary life sentences + extended sentences REQUIRE
dangerousness
Life sentences for dangerous offenders
Where:
X
The court MUST impose a life sentence (custody for life where D aged 18 – 20).
- D 18 or over and convicted of a serious offence; and
- Offence is punishable with imprisonment for life; and
- The court is “of the opinion that there is a significant risk to members of the public of serious harm occasioned by commission of further specified offences; and
- Court considers seriousness of offence justifies imposition of imprisonment for life
“Dangerousness” =
significant risk to members of public of serious harm by commissioning of further specified offences.
“Specified offences” =
= a specified violent offence, a specified sexual offence or specified terrorism offence. These offences carry a maximum penalty of two years’ imprisonment or more.
A ‘serious offence’ =
specified violent, sexual or terrorism offence which is punishable in the case of a person aged 18 or over by
- imprisonment for life, or
- imprisonment for a determinate period of ten years or more
‘Serious harm’ =
death or serious personal injury, whether physical or psychological.
ASSESSMENT DANGEROUSNESS = Where person:
- convicted of specified offence;
- court MUST assess if D is dangerous
In assessing dangerousness, the court:
- MUST consider the nature + circumstances of offence
- MAY take into account the nature and circumstances of other offences by D
- MAY take into account pattern of behaviour; and
- MAY take into account inform about D.
“Significant” =
more than possibility, must be “note-worthy” of considerable amount or importance.
When looking at dangerousness, the court will rely on:
Court will rely on pre-sentence report + details of D’s previous convictions where relevant
When looking at dangerousness in multi-handed cases, the court will rely on:
In multi-handed case, sentence MUST consider dangerousness of D separately, and pre-sentence report often helps here.
Is a psychiatric report required for looking at dangerousness?
A psychiatric report sometimes helpful, but should be directed to issue of dangerousness.
When assessing dangerousness, can the court regard offences on record not specified?
Court MAY have regard to offences on record not specified.
Serious harm’ =
death or serious personal injury, whether physical or psychological’.
In applying dangerousness, court will norm be relying upon:
- Facts of offence
- D’s previous record, norm contents of pre-sentence report + contents of psychiatric report if required
