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The seriousness of the offence itself, on its own or with other offences associated with it.

This assessment of seriousness should, per Burinskas, consider: The same provision applies for those under 18 save that the reference is to detention for life: section 226.Ħ. The court should also state whether section 224A applies at the same time. If yes, and the offence carries a maximum life sentence, the court should consider if the seriousness of the offence merits a life sentence: section 225. The first question is whether the defendant is dangerous.ĥ. In respect of serious offences, the following approach may be taken. attracting a sentence of less than ten years’ imprisonment, the question for the court is whether to pass an extended sentence if the defendant is deemed dangerous, or otherwise a determinate sentence.Ĥ. When a defendant is convicted of a specified but not serious offence i.e. Accordingly, there is a distinction between offences which are specified but not serious, and those which are specified and serious.ģ.

An offender is dangerous if “the court is of the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by him of further specified offences”, a formulation which appears in sections 225-228.Ģ.

A “serious offence” is (i) a specified offence which is (ii) punishable by ten years’ imprisonment or more: section 224(2).

Part 1 of the schedule lists violent offences Part 2 sexual offences and Part 3 terrorist offences. This includes a wide range of indictable offences which fall within these three categories.

A “specified offence” is a violent, sexual or terrorism offence listed in Schedule 15 Criminal Justice Act 2003.

These provisions are engaged when the defendant is convicted either of a “specified offence” or a “serious offence” and the defendant is deemed “dangerous”: The following is proposed, see also Burinskas EWCA Crim 334:ġ.

This legal guidance sets out the principles governing this sentencing exercise so that the prosecution can, where appropriate, assist the court. All references in this guidance are to this legislation unless otherwise provided. The court has available to it powers to impose an extended sentence or a life sentence pursuant to the “dangerous offender” provisions of Chapter 5 Criminal Justice Act 2003.

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