Podcast
Questions and Answers
What is not required for a finding of dangerousness in an offender?
What is not required for a finding of dangerousness in an offender?
- Past offences demonstrate an escalating pattern.
- Previous convictions must be specified. (correct)
- A single incident can establish dangerousness.
- Evidence of serious harm must be present. (correct)
How do courts view prior unlisted offences when assessing dangerousness?
How do courts view prior unlisted offences when assessing dangerousness?
- They are irrelevant to the assessment.
- They are only considered if serious harm has occurred.
- They must be accompanied by a specified offence.
- They can indicate an escalating pattern of seriousness. (correct)
What should be considered when assessing dangerousness in young offenders?
What should be considered when assessing dangerousness in young offenders?
- They are less likely to change with imposed sentences.
- Their offences should always be violent.
- They typically demonstrate a consistent pattern of offending.
- They have a higher likelihood of impulsive actions. (correct)
In assessing the significant risk of serious harm, what numerical measure is considered necessary?
In assessing the significant risk of serious harm, what numerical measure is considered necessary?
What does the Criminal Justice Act 2003 define as 'serious harm'?
What does the Criminal Justice Act 2003 define as 'serious harm'?
What approach is advised regarding the finding of dangerousness for young people?
What approach is advised regarding the finding of dangerousness for young people?
What can justify a public protection sentence outside of previous convictions?
What can justify a public protection sentence outside of previous convictions?
Which statement about repetitive low-level violent offending is accurate?
Which statement about repetitive low-level violent offending is accurate?
What must be established for a court to classify an offender as 'dangerous'?
What must be established for a court to classify an offender as 'dangerous'?
Which of the following is NOT classified as a specified offence under the dangerous offender provisions?
Which of the following is NOT classified as a specified offence under the dangerous offender provisions?
What is the significance of the PCSCA 2022 according to the recent changes in sentencing?
What is the significance of the PCSCA 2022 according to the recent changes in sentencing?
Which of the following terms describes the risk associated with a dangerous offender?
Which of the following terms describes the risk associated with a dangerous offender?
What is the maximum penalty for specified offences listed in schedule 18?
What is the maximum penalty for specified offences listed in schedule 18?
Which sentencing category does NOT require passing the 'dangerousness test'?
Which sentencing category does NOT require passing the 'dangerousness test'?
What does 'serious harm' mean in the context of dangerous offender legislations?
What does 'serious harm' mean in the context of dangerous offender legislations?
What is the definition of a 'schedule 19 offence' under the Dangerous Offender provisions?
What is the definition of a 'schedule 19 offence' under the Dangerous Offender provisions?
What information must the court take into account when assessing dangerousness?
What information must the court take into account when assessing dangerousness?
What does a 'significant risk' require in the context of dangerousness assessment?
What does a 'significant risk' require in the context of dangerousness assessment?
Which section is NOT considered when assessing dangerousness for a life sentence for the second listed offence?
Which section is NOT considered when assessing dangerousness for a life sentence for the second listed offence?
Which type of report is considered helpful in determining the issue of dangerousness?
Which type of report is considered helpful in determining the issue of dangerousness?
What may be included in the assessment of the offender's dangerousness?
What may be included in the assessment of the offender's dangerousness?
According to the outlined provisions, which offence categories are included in the consideration for dangerousness?
According to the outlined provisions, which offence categories are included in the consideration for dangerousness?
What does the requirement for a 'significant risk' imply about the level of risk assessed?
What does the requirement for a 'significant risk' imply about the level of risk assessed?
When may the court utilize information regarding prior convictions of the offender?
When may the court utilize information regarding prior convictions of the offender?
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Study Notes
Dangerous Offender Provisions
- Main Sentences: Life sentence, extended sentence, and serious terrorism sentence require a court finding of 'dangerousness'.
- Definition of Dangerousness: An offender must pose a 'significant risk to members of the public' for further specified offences.
- Related Sentences: Life sentence for a second listed offence, life sentence for manslaughter of an emergency worker, and custodial sentences for certain offenders of particular concern. No dangerousness assessment required for these.
- Eligibility Criteria: Understanding differences in eligibility and early release provisions is essential for practical operations of these sentences.
- Early Release Changes: Significant reforms made by the PCSCA 2022 effective from 28 June 2022 regarding minimum terms for life sentences.
- Specified Offences: Include violent, sexual, and terrorism offences listed in Schedule 18, carrying a maximum penalty of two years' imprisonment or more.
- Serious Harm Definition: Encompasses death or serious personal injury, which can be physical or psychological.
- Assessment Evidence: Necessary to establish significant risk of serious harm based on circumstances of the offence and offender’s history.
- Considerations for Assessment:
- Court must consider nature of the offence.
- Court may assess other convictions globally.
- Court can review patterns of behaviour connected to offences.
- Information about the offender’s background is also assessed.
- Significance Requirement: A 'significant' risk is defined as noteworthy and important, exceeding mere possibilities.
- Pre-sentence Report: Typically obtained to assist in determining dangerousness.
- Relevance of Past Offences: Previous convictions, even if not specified offences, may indicate escalating patterns of seriousness.
- First Offenders: A first-time offender can be deemed dangerous without prior convictions.
- Single Incident Assessment: Dangerousness can be established based on a single incident, not requiring a history of causing serious harm.
- Future Risk Evaluation: Public protection sentences can be imposed without prior serious harm occurring, focusing on significant future risk.
- Avoiding Numerical Probability: No justification for re-defining 'significant risk of serious harm' in numerical terms; assessments are case-specific.
- Young Offenders Caution: Sentencers need to be cautious when determining dangerousness in young people, who may be more impulsive and responsive to sentencing.
- Historical Guidance: Earlier legislation definitions of 'serious harm' may assist present evaluations, particularly in repetitive low-level violent offending scenarios.
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