A judge was wrong to assess a defendant as posing a significant risk of causing serious harm to the public where the evidence did not support the requirement that the harm would result in death or serious personal injury.
IMPRISONMENT FOR PUBLIC PROTECTION MITIGATION PUBLIC PROTECTION RISK OF REOFFENDING RISK OF SERIOUS HARM TO PUBLIC S.224 CRIMINAL JUSTICE ACT 2003 s.225 CRIMINAL JUSTICE ACT 2003 SENTENCE LENGTH SENTENCING SEXUAL ACTIVITY WITH CHILDREN SEXUAL ASSAULT
A finding that a defendant did not pose a risk of serious harm to the public within the meaning of the Criminal Justice Act 2003 s.229 did not preclude the court from imposing a sexual offences prevention order under the Sexual Offences Act 2003 s.104 on that defendant.
CRIMINAL JUSTICE ACT 2003 s.229 EFFECT OF FINDING OF ABSENCE OF RISK OF SERIOUS HARM UNDER S.229 CRIMINAL JUSTICE ACT 2003 JURISDICTION RISK OF REOFFENDING s.104(1) s.106(3) s.224(3) s.225 Sch.3 SENTENCING SENTENCING POWERS SEXUAL ASSAULT SEXUAL OFFENCES ACT 2003 s.104 SEXUAL OFFENCES PREVENTION ORDERS
The court considered and gave guidance on the principles applicable to the new mandatory sentencing provisions for the protection of the public from dangerous offenders contained in Criminal Justice Act 2003 s.224 to s.229 and the factors that judges should take into account when deciding whether one of the new sentences must be imposed.
CRIMINAL JUSTICE ACT 2003 CRIMINAL JUSTICE ACT 2003 s.143(3) CRIMINAL LAW DANGEROUS OFFENDERS LIFE IMPRISONMENT MANDATORY SENTENCING PROVISIONS UNDER S.224 TO S.229 CRIMINAL JUSTICE ACT 2003 MANDATORY SENTENCING PROVISIONS UNDER THE CRIMINAL JUSTICE ACT 2003 S.224 TO S.229 para.38(b) para.4 Parts POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.82A PUBLIC PROTECTION RISK OF REOFFENDING s.143(1) s.143(2) s.153(2) s.174(1)(a) s.189 s.224 S.224 CRIMINAL JUSTICE ACT 2003 s.224(2)(b) s.224(3) s.225 s.225(1) s.225(2) s.225(2)(b) s.225(3) s.225(4) s.226 s.226(1) s.226(2) s.226(2)(b) s.227 s.227(2) s.227(2)(b) s.227(3)(b) s.227(4) s.228 s.229 S.229 CRIMINAL JUSTICE ACT 2003 s.229(2) s.229(3) s.240 s.3 s.5 S.82A POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.82A(4) s.82A(4A) s.85 s.96 SCH.15 CRIMINAL JUSTICE ACT 2003 Sch.18 para.4 Sch.32 para.38(b) SENTENCING SENTENCING GUIDELINES SEXUAL OFFENCES SPECIFIED OFFENCES VIOLENT OFFENCES
The Court of Appeal gave guidelines for imposing extended periods of licence under s.85 Powers of Criminal Courts (Sentencing) Act 2000.
CONSECUTIVE SENTENCES CRIMINAL LAW CRIMINAL PROCEDURE EXTENDED PERIODS OF LICENCE EXTENDED SENTENCES GUIDELINES INDECENT ASSAULT LONGER THAN COMMENSURATE SENTENCES POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.80(2)(b) PROPORTIONALITY PROTECTING MEMBERS OF THE PUBLIC FROM DEATH OR PERSONAL INJURY RISK OF REOFFENDING s.103 s.116 s.161 s.161(2) s.161(4) S.58 AND S.60 CRIME AND DISORDER ACT 1998 s.80(2)(a) s.85 S.85 POWERS OF CRIMINAL COURT (SENTENCING) ACT 2000 s.85(1)(b) s.85(2) s.85(3) SECURING REHABILITATION SENTENCING SERIOUS HARM TO THE PUBLIC SEXUAL OFFENCES VIOLENCE
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