Lecture notes
THE DANGEROUS OFFENDER PROVISIONS NOTES
THE DANGEROUS OFFENDER PROVISIONS NOTES - BPTC, CRIMINAL LITIGATION Notes in conjunction with BPP Law School Criminal Litigation Manual and Blackstone's Criminal Practice 2021.
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THE DANGEROUS OFFENDER PROVISIONS NOTESa. Specified offences
E4.1 s224 and 225- 229 and schs. 15 and 15B CJA 2003 → for sentencing 'dangerous
offenders'. Require a finding by the court that the offender is 'dangerous' meaning the
offender poses a significant risk to members of the public of serious harm occasioned by the
commission by him of further specified offences.
There are two other closely related sentences, the 'life sentence for the second listed
offence' (s. 224A) and the custodial sentence for 'certain offenders of particular concern'
(s236A) although neither of these sentences requires the 'dangerousness test' be passed.
E4.3 'Specified offences' → those violent, sexual, or terrorism offences which are listed in
sch. 15 (s. 224(1)). All listed here carry a max penalty of two years' imprisonment or more.
A 'serious offence' → specified violent, sexual or terrorism offence which (apart from s.
224A) is punishable in the case of a person aged 18 or over by imprisonment for life or for a
determinate period of ten years or more (s. 224(2)).
'Serious harm' → death or serious personal injury, whether physical or psychological
(s224(3)).
b. Assessment of dangerousness
E4.19-21 S229 CJA 2003 → where (a) a person has been convicted of a specified offence;
and (b) it falls to a court to assess whether there is a significant risk to members of the public
of serious harm occasioned by the commission by him of further such offences.
S229 not relevant where court considering s. 224A (life sentence for second listed offence).
IN MAKING THE ASSESSMENT- THE COURT:
(a) Must take into account all such available information about the nature and
circumstances of the offence (+ (aa) of any other offences of which the offender has
been convicted by a court anywhere in the world)
(b) 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 (aa) forms part,
(c) May take into account any information about the offender which is before it.
A 'significant' risk means more than a possibility, need be 'note-worthy, of considerable
amount or importance' (Lang [2005]). Repetitive violent offending at a relatively low level did
not give rise to a significant risk of serious harm (Dobson [2018]).
The court will be relying upon the facts of the offence, the offender's previous record, the
pre-sentence report, and the contents of any other relevant report, such as a psychiatric
report. Reports not binding on the sentencer but, if J minded to depart from the report’s
conclusion, counsel should be warned in advance (Pluck [2006]). It would rarely be
appropriate for J to permit CE of the author of a pre-sentence report (S [2006]). Sentencer
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