INDETERMINATE SENTENCES

February 9, 2012

The decision of R. v Smith (Nicholas) [2011] UKSC 37, [2011] 1 W.L.R. 1795 did not undermine the long-established practice that the assessment of dangerousness involved addressing the question whether or not an offender would be dangerous when he would otherwise be released from a determinate sentence; it underlined the principle that the decision whether to make an order of imprisonment for public protection could only be made at the date of the sentencing hearing.

CRIMINAL JUSTICE ACT 2003 s.225(1)(b) CRIMINAL LAW DANGEROUSNESS DATE AT WHICH JUDGE REQUIRED TO MAKE ASSESSMENT OF FUTURE RISK EFFECT OF R V SMITH ON INDETERMINATE SENTENCES IMPRISONMENT FOR PUBLIC PROTECTION INDETERMINATE SENTENCES Pt 12 s.225 Pt 12 s.225(1)(b) RAPE OF CHILD UNDER 13 RISK s.225 SENTENCE LENGTH SENTENCING

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