The Dangerous offender provisions

Questions and Answers

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?

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?

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?

No numerical probability is required. Signup and view all the answers

What does the Criminal Justice Act 2003 define as 'serious harm'?

Death or serious personal injury, including psychological harm. Signup and view all the answers

What approach is advised regarding the finding of dangerousness for young people?

Exercise caution in relation to patterns of offending. Signup and view all the answers

What can justify a public protection sentence outside of previous convictions?

A significant risk of serious harm in the future. Signup and view all the answers

Which statement about repetitive low-level violent offending is accurate?

It does not automatically give rise to a risk of serious harm. Signup and view all the answers

What must be established for a court to classify an offender as 'dangerous'?

The offender poses a significant risk to the public. Signup and view all the answers

Which of the following is NOT classified as a specified offence under the dangerous offender provisions?

Traffic violations Signup and view all the answers

What is the significance of the PCSCA 2022 according to the recent changes in sentencing?

It modified the early release provisions for life sentences. Signup and view all the answers

Which of the following terms describes the risk associated with a dangerous offender?

Significant risk of harm Signup and view all the answers

What is the maximum penalty for specified offences listed in schedule 18?

Two years imprisonment or more Signup and view all the answers

Which sentencing category does NOT require passing the 'dangerousness test'?

Custodial sentence for certain offenders Signup and view all the answers

What does 'serious harm' mean in the context of dangerous offender legislations?

Serious personal injury or death Signup and view all the answers

What is the definition of a 'schedule 19 offence' under the Dangerous Offender provisions?

An offence carrying a life imprisonment maximum sentence Signup and view all the answers

What information must the court take into account when assessing dangerousness?

All available information about the nature and circumstances of the offence Signup and view all the answers

What does a 'significant risk' require in the context of dangerousness assessment?

A noteworthy risk of serious harm Signup and view all the answers

Which section is NOT considered when assessing dangerousness for a life sentence for the second listed offence?

Section 283 Signup and view all the answers

Which type of report is considered helpful in determining the issue of dangerousness?

Pre-sentence report Signup and view all the answers

What may be included in the assessment of the offender's dangerousness?

Patterns of behaviour related to previous offences Signup and view all the answers

According to the outlined provisions, which offence categories are included in the consideration for dangerousness?

Extended sentences for violent, sexual or terrorism offences Signup and view all the answers

What does the requirement for a 'significant risk' imply about the level of risk assessed?

It must be of considerable amount or importance Signup and view all the answers

When may the court utilize information regarding prior convictions of the offender?

Any time when it aids in assessing dangerousness Signup and view all the answers

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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