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Dangerous Offenders Notes

BPTC Law Notes > BPTC Criminal Litigation Notes

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A more recent version of these Dangerous Offenders notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

DANGEROUS OFFENDERS Defendant must receive a life sentence if:

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s225 Criminal Justice Act ("CJA") applies - Dangerous offender over-18 convicted of specified offence

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s226 CJA applies - Dangerous offender under-18 convicted of specified offence

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s224A CJA applies - Defendant over-18 convicted of second offence in Sch.15B and otherwise would receive sentence over 10 years.

Defendant may receive an extended determinate sentence if:

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s226A CJA applies - Defendant over-18

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s226B CJA applies - Defendant under-18

LIFE SENTENCE Court must impose a life sentence if: Juvenile under-18 s226

1. Juvenile convicted of a specified offence

2. Juvenile would otherwise be liable to "grave crime" sentence of lifeimprisonment (ie. adult life sentence)

3. Court of the opinion that there is significant risk to members of the public of significant harm occasioned by Defendant's commission of further specified offences

4. Court considers that the seriousness of the offence/combination of offence and associated offences is such as to justify life imprisonment

Defendant over-18 - Conviction of First Offence s225

Defendant over-18 - Conviction of Second Offence s224A

1. Defendant convicted of a specified offence

1. Defendant convicted of a specified offence

2. Defendant would otherwise be liable to life-imprisonment

2. Court would otherwise impose a sentence of 10 years+

3. Court of the opinion that there is significant risk to members of the public of significant harm occasioned by Defendant's commission of further specified offences

4. Court considers that the seriousness of the offence/combination of offence and associated offences is such as to justify

3. At the time the offence was committed, Defendant had been convicted of an offence in Sch.15B.

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For which he had been sentenced to:
* life imprisonment without eligibility for release during first 5 years, or
* sentence of 10 years+ imprisonment

4. Unless circumstances relating to current/previous offence or offender

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