Dangerous Offender Provisions Flashcards
(11 cards)
What are the three ways that dangerous offenders are dealt with?
Required life sentence
Extended sentence
Serious terrorism sentence
What is the test for dangerousness?
Pose a significant risk of serious harm to the public by the commission of further specified offences
What does serious harm mean under the test for dangerousness?
Death or serious personal injury (physical or psychological)
What are specified offences?
Violent, sexual or terrorist offences in schedule 18
(those that carry a maximum penalty o 2 years or more)
When is the assessment of dangerousness undertaken?
At the point of sentencing
What can the judge take into account when assessing dangerousness?
All relevant evidence or material
Including this offence, previous offences, patterns of behaviour etc
What is the meaning of significant in the definition of dangerousness?
Noteworthy, of considerable amount or importance
Who is included in members of the public?
Anyone, except non UL citizens who are in the UK
What must the sentencer give for any conclusion about dangerousness?
Reasons
How will the court interpret the age of an offender when considering dangerousness?
Young people will be seen as more impulsive, but more able to change
How will the court interpret a very serious offence of someone with otherwise good character when considering dangerousness?
Can see it as evidence of something unpredictable which could make dangerousness more likely to be found
But, fact specific
