Unit 26 Dangerous Offenders

Question 1

When is an O ‘dangerous’?

Answer 1

If they pose a significant risk to members of the public of serious harm occasioned by the commission by him of further specified offences

Question 2

What measures are available to a court if O is found to be ‘dangerous’?

Answer 2

(1) Discretionary life sentence

(2) Extended sentence

Question 3

What are ‘specified offences’?

Answer 3

Those violent, sexual, or terrorism offences which are listed in sch. 18. All the offences listed in sch. 18 carry a maximum penalty of two years’ imprisonment or more.

Question 4

Which information must the court take into account in assessing the dangerousness of an offender and which information may the court consider?

Answer 4

(1) must take into account:

• all info available on nature and circumstances of offence

(2) may take into account:

• (1) all info available on nature and circumstances of any other offences of which D has been convicted by a court anywhere in the world,
• (2) any info about any pattern of behaviour of which any of these offences forms part, and
• (3) any info about the offender which is before it.

Question 5

How is ‘significant risk’ defined for the purposes of the definition of ‘dangerousness’?

Answer 5

More than a possibility – ‘noteworthy, of considerable amount or importance’

Question 6

How does the court assess whether D poses a significant risk (of serious harm)?

Answer 6

(1) Normally obtains a PSR

(2) May be appropriate to obtain a psychiatric report directed to the issue of dangerousness

(3) Consider details of previous convictions, where relevant (but, n.b. D could be ‘dangerous’ despite having no previous convictions)

Caution when assessing YP, b/c more likely to act impulsively + change

Question 7

How does the court assess whether the risk that D poses is of serious harm?

Answer 7

Considers whether the specified offence(s) that D is likely to commit are ‘serious offences’

• Serious offence = specified offence which is punishable for adults by (i) life imprisonment or (ii) imprisonment for over ten years
• If it is serious = Does not automatically mean that commission would result in ‘serious harm’
• If not serious = Rare that there is a significant risk of serious harm
• Repeated low-level violent offending does not give risk to serious harm

Question 8

What must the court do when imposing additional measure by virtue of O’s dangerousness?

Answer 8

(1) give reasons

(2) refer to evidence taken into account

(3) if different conclusions than reports, alert counsel so they can make representations

Question 9

Is the CoA likely to interfere with the court’s findings on O’s dangerousness?

Answer 9

No - unless incorrect principles applied, or incorrect conclusion reached on evidence

Burden on applicant to show judge’s decision could not have been reached