DANGEROUSNESS

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Title: DANGEROUSNESS

1
DANGEROUSNESS

2
The Acts

Chapter 5 Part 12 Criminal Justice Act 2003
Section 17 of the Criminal Justice and
Immigrations Act 2008 amends Section 229 of the
Criminal Justice Act 2003
Sexual Offences Act 2003 section 104(1) (b)

3
Definitions

"the court is of the opinion that there is a
significant risk to members of the public of
serious harm occasioned by the commission by him
of further specified offences".

4
Definitions

5
Definitions

Serious Offences
These are defined in section s 224(2) as
specified offences that are punishable with
either life imprisonment or with imprisonment for
ten years or more.

6
Definitions

Significant risk
not defined in the legislation
for the court to assess in each case
R v Lang 2005 EWCA Crim 2864
noteworthy, of considerable amount or importance.
Risk must be to members of the public.
can include the offender, particular groups of
members of the public such as co-habitees or
abused children, and individuals

7
Definitions

Pedley, Martin and Hamadi 2009 EWCA Crim 840
confirmed the indication given in Lang 2005
EWCA Crim 2864
"significant risk" presented a higher threshold
than a mere possibility of occurrence.
R v Johnson 2006 EWCA Crim 2486,
following the judgement in Lang, held that the
sentence of IPP was concerned with future risk
and the future protection of the public, and not
with punishing the present offending.

8
Definitions

Serious harm
means death or serious personal injury, whether
physical or psychological
R v Owen
some risk of serious harm is not enough
The test is the existence of a significant risk,
enough to warrant a sentence which may never end

9
Definitions

non-serious specified offences - few cases where
the significant risk of serious harm will be
present.
Repetitive sexual or violent offending at low
level without serious harm is not dangerous R v
Lang R v Terrell 2008 Cr App R (S) 49 R v
Hicks 2009 EWCA Crim 733.
The definition of serious harm is case specific
minor offences of gradually escalating
seriousness might be significant in the
assessment of future risk R v Johnson.

10
Definitions

R v Johnson
Does not automatically follow from the absence of
actual harm caused, that the risk that he would
cause serious harm in the future was negligible
R v Shaffi 2006 2 Cr. App. R. (S) 92
was not authority for the proposition that as a
matter of law, offences which did not result in
harm to the victim should be treated as
irrelevant in the assessment of dangerousness.

11
Assessing Dangerousness (Courts)

The court in making the assessment referred to in
subsection (1)(b)
(a) must take into account all such information
as is available to it about the nature and
circumstances of the offence
(aa) may take into account all such information
as is available to it about the nature and
circumstances 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, and
(c) may take into account any information about
the offender which is before it.

12
Assessing Dangerousness (Courts)

"Pattern of behaviour" and "information about the
offender"
not defined in the Act
for the court to assess
Include previous acquittals, complaints not
prosecuted, and police intelligence about
behaviour
R v Considine and Davis 2007 EWCA Crim 1166
could take account of an alleged history of
violence not marked by previous convictions -
"information (section 229(3))

13
Assessing Dangerousness (Psychiatrists)

14
Defence Solicitors Strategies

Reports can and should be challenged where
appropriate.
Note the level and experience of the author
Check for accuracy in analysis of the facts of
the case and the circumstance of the offender?
Has the author properly assessed the level of
seriousness of previous convictions?
seek access to previous pre-sentence reports for
consistency of approach.
Do not shirk asking for a further report by a
more experienced and/or impartial probation
officer.
Where appropriate, consider obtaining independent
reports from psychologists or psychiatrists.
Where an IPP is imposed on the basis of
information contained in a PSR, or indeed in the
absence of a PSR, it may be appropriate to seek
an independent psychological report and updates
from the prison probation service in support of
any appeal See R v Lawrie 2007 EWCA Crim 2159

15
Sexual Offences Prevention Orders

protecting the public or any particular members
of the public from serious sexual harm from the
defendant"
protecting the public in the United Kingdom
from serious physical or psychological harm

16
Definitions

R v Rampley 2006 EWCA Crim 2203
"serious harm" in the Criminal Justice Act 2003
and "serious sexual harm" under the Sexual
Offences Act 2003.
CJA2003 mean death or serious personal injury,
whether physical or psychological
SOA 2003 including serious physical or
psychological harm

17
Definitions

The Queen on the Application of the Commissioner
for the Metropolis v Croydon Crown Court 2007
EWHC 1792
1. level of risk of recurrence
2. level of risk of harm if recurrence there be
assessing how much harm is likely to be done
it can properly be called serious or not
if only a small number of people would be likely
to suffer such harm that would be a relevant
factor in assessing the risk.

18
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