T26 - Dangerous Offenders Flashcards
Can the dangerous offender provisions apply to murder?
No, the dangerous offender provisions do not apply to murder because the only sentence for murder is life imprisonment.
When do the dangerous offender provisions apply?
The dangerous offender provisions apply to offenders convicted of specified offences listed in Schedule 18 of the Sentencing Act 2020 or serious terrorism offences.
They apply to adults (18 or over) at the time of conviction, and there are separate provisions for youths.
When is offender a “dangerous offender”
An offender is classed as dangerous if the court believes there is a significant risk of serious harm to the public from the offender committing further specified offences.
The concept of a “specified offence” is key to this determination
What are these specified offence when the defendant is considered a “dangerous offender”
1) Violent Offence
2) Sexual offence
3) terrorism
Schedule 18 includes a wide range of violent offences (e.g. assault occasioning actual bodily harm, robbery and manslaughter), and of sexual offences (for example rape, sexual assault). All the offences noted in Schedule 18 are classed as specified offences.
*“All specified offences carry a maximum of 2 years imprisonment or more”
How is an offender assessed as dangerous
Under s.308(1) of the CJA 2003, an offender is assessed as dangerous if the court is of the opinion that there is a significant risk to members of the public of serious harm*
caused by the offender committing further specified offences
What are the two test for the court to determine whether the offender is dangerous offender?
There are two elements to this:
1) significant risk of offender committing further specified offences; and
2) significant risk of serious harm to members of the public from such offences.
FURTHER HARM TO PUBLIC,
SIG RISK OF COMMITTING FURTHER OFFENCES
SERIOUS HARM= DEATH OR SERIOUS PERSONLA INJURY,WHETHER PHYSICAL OR PSYCHOLOGICAL
What factors must or may a court consider under s.309 CJA 2003 when assessing whether an offender is dangerous?
The court MUST consider:
1) All available information about the nature and circumstances of the current offence.
The court MAY also consider:
- Information about the “nature and circumstances of any previous offences”(including those committed abroad).
- Any “pattern of offending behaviour”the current offence may form part of.
- Any “other relevant information about the offender” that is before the court.
What role does the Pre-Sentence Report (PSR) play in assessing dangerousness?
The PSR is essential in assessing dangerousness. It includes a probation assessment of the likelihood of reoffending and causing serious harm, classified as low, medium, high, or very high.
The court must obtain a PSR before deciding if an offender is dangerous, unless it considers the report unnecessary.
When must the assessment of dangerousness be made, and what factors should the court consider?
The assessment of dangerousness must be made at the DATE OF THE SENTENCE, not at a future date like release. The fact that the offender is in custody must be disregarded.
Factors like young age and the possibility of maturation may be relevant to the risk assessment.
The court must give reasons for finding that an offender is dangerous.
What sentencing options are available if a defendant is assessed as a dangerous offender?
If a defendant is found to be dangerous, the court may impose:
a) A required life sentence for Schedule 19
b) An extended sentence for specified offences
C) A serious terrorism sentence for qualifying terrorism offences
Take note lets say, that the court wants to order a community order specifically a DRR, but client dont want to comply with the requirement. What impact will have on sentence?
The court MAY pass a custodial sentence as client failed to express willingness to comply.
THIS MAY BE SO EVEN WHERE THE CUSTODY THRESHOLD NOT PASSED
Say the client is remanded in custody for 28 days until PTPH, at which both charges are listed for PTPH and then his case is adjourned and he remanded in custody for another 21 days,
During the sentencing how will judge approach the time spent in custody?
The time will be automatically deducted and does not need to be either deducted or directed to be deducted by the sentencing court.
Though remand for different offense the time in custody will automatically deduct.
rmbr for an adult the mandatory sentnece is life imprisonment
For someone at the date of sentnece the sentnece is custody for life UNLESS THEY AGE UNDER 18 at THE DATE OF THE OFFENCE THEN ITS DETENTION AT HM PLEASURE.
Where got previous conviction of same offence and pleads guilty at first appreance how much discount can the def get?
A mandatory minimum term of no less than 80% of three years’ imprisonment, unless there are exceptional circumstances which justify not doing so.
lets say if a car is jointly owned and you charged with dangerous driving can the court make a deprivation order?
No
since the car is jointly owned, a deprivation order cannot be made. So the court can only make a compensation order in respect of the damage.
Where the D is charged with a conditional discharge ofor an offence, and now is in breach of that conditional discharge, what effect will there be on the sentence
The court MAY re-sentence her for the offence, but would be limited to the sentencing power of the MC in respect of the breach offence.
A curfew can count to sentence BUT TO BE A QUALIFIYING CURFEW IT MUST BE FOR A TOTAL OF NOT LESS THAN 9 HRS in a day.
rmbr the court would app raise the fine where the person reich, but the fine MUST REMAIN PROPORTIONAL BETWEEN THE OFFENCE AND THE FINE.
Where the person got previous convictin and the fact he is serving sentence the court likely not ask for PSR in that circumstance.
