Unit 26 - Dangerous Offender Provisions

Question 1

sentencing of ‘dangerous offenders’

Answer 1

• the required life sentence,
• the extended sentence,
• the serious terrorism sentence

Question 2

Dangerous offenders:

• finding by the court that the offender is ‘dangerous’,
• in that the offender poses a ‘significant risk to members of the public of serious harm occasioned by the commission by him of further specified offences’

Question 3

Where a D has been convicted of a ‘specified’ offence (specified in Sch 15 CJA
2003) = court must consider the issue of dangerousness

Question 4

Definition of ‘specified offence’

Answer 4

‘Specified offences’ are those violent, sexual, or terrorism offences which are listed in sch. 18.

• all minimum 2 years sentence
• maximum sentence of imprisonment for life
• long list and dont need to learn all for the BPC eg sexual offences and violent offences

Question 5

Definition of ‘Serious harm’

Answer 5

death or serious personal injury, whether physical or psychological (s. 306(2)).

Question 6

Assessment of dangerousness

(COURT CONSIDERATION)

The Sentencing Code (SA 2020, s. 308) deals with the necessary evidence base for the assessment of dangerousness required for the court to establish whether the offender poses a ‘significant risk to members of the public of serious harm occasioned by the commission by him of further specified offences’.

Answer 6

In making that assessment, the court

(a) must take into account all the information that is available to it about the nature and circumstances of the offence,

(b) may take into account all the information that is available to it about the nature and circumstances of any other offences of which the offender has been convicted by a court any-where in the world,

(c) may take into account any information which is before it about any pattern of behaviour of which any of the offences mentioned in paragraph (a) or (b) forms part, and

(d) may take into account any information about the offender which is before it.

Question 7

Assessment of dangerousness, Sentencing Act 2020, s308

(TEST)

Answer 7

A) a person has been convicted of a specified offence; and

B) it falls to the court to assess any o the sections 225-228 whether there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences

Question 8

When assessing the dangerousness of an offender, what documents should the court consider?

Answer 8

• facts of the offence
• psr

– Relevant Previous Convictions

• Any other Relevant Report, e.g. a psychiatric report if appropriate (but should be clearly directed to the issue of dangerousness).
• Court can also consider offences which the offenderhas asked to be TIC (taken into consideration)

Question 8

The test of dangerousness is further considered in R v Lang - what did this case determine that the risk should be?

Answer 8

Risk be:
- more than a possibility
- be ‘noteworthy, of considerable amount or importance’

Question 9

Other material may be considered: e.g. in Hillman, judge properly had regard to a synopsis of material prepared by the prosecution containing details of earlier
alleged misconduct by the offender which had resulted in the making of an ASBO

Question 10

When assessing the dangerousness of an offender, are reports before the court binding on the judge?

Answer 10

NO

but the judge is minded to depart from the conclusion in a report, counsel should be warned in advance.

Question 11

When assessing the dangerousness of an offender and considering previous cons:

• P should be in a position to describe facts of any specified offences to the court
• if there is doubt over the accuracy of facts
  or circumstances of previous convictions, may be necessary to adjourn to investigate

Question 12

When assessing the dangerousness of an offender, is it appropriate for a judge to permit cross examination of the author of a PSR?

Answer 12

no

rarely appropriate

Question 13

When assessing the dangerousness of an offender, can the court have regard to previous convictions that are not specified offences?

Answer 13

YES

Question 14

When assessing the dangerousness of an offender, does the offender need to have previous cons?

Answer 14

NO!

first offender can qualify

Question 15

When assessing the dangerousness of an offender, in regards to risk to “members of the public”: - THIS SHOULD NOT be construed as to exclude any particular group eg prison officers or staff in mental hospitals.

Answer 15

So the risk can be found where there the risk is specific to a small group, or perhaps just to one potential victim.

Question 16

in a terrorist case: can ‘members of public’ include non-UK citizens who would not be within the UK at a time when the anticipated risk might materialise?

Answer 16

YES!

Question 17

the Court of Appeal will not normally interfere with a finding of dangerousness, unless it can be shown that the sentence failed to apply the correct principles; or has reached a conclusion to which he was not entitled to come on the evidence.

Question 18

Sentencers should be careful when finding dangerous re young people, especially where there is no pattern of offending. Young ppl are more likely to act impulsively, more likely to be responsive to any sentence imposed, and more likely to change.

Question 19

In a multi-handed case the sentencer must consider the issue of dangerousness in respect of each offender separately, and information in a pre-sentence report will often be of assistance in determining that question.

Question 20

PSR and finding of dangerousness

Answer 20

• court should normally obtain a psr
• the Court of Appeal said that to make a finding of dangerousness without the benefit of a pre-sentence report requires ‘careful justification