header-logo header-logo

08 May 2008 / Michael Hillman
Issue: 7320 / Categories: Features , Public , Legal services , Human rights
printer mail-detail

For the public good?

Michael Hillman asks whether the regime for imprisoning dangerous offenders for public protection is being correctly interpreted

Section 225(2) of the Criminal Justice Act 2003 (CJA 2003), provides the circumstances in which a sentencer must impose imprisonment for life as opposed to “imprisonment for public protection” (IPP) in respect of those offenders found to be “dangerous” pursuant to the provisions of Ch 5.

There is to date conflicting authority as to how the test in s 225(2) is to be interpreted, and recent cases suggest considerable emphasis is being placed on risk factors, rather than the seriousness of the offence to be sentenced. Two such conflicting examples are R v Walsh [2008] 1 Cr App R (S) 178(33) and R v Kehoe [2008] EWCA Crim 819. In Walsh the court placed considerable weight, in justifying a life sentence, on probation and psychiatric assessment that the offender was “very dangerous” (para 10).

In quashing a life sentence and substituting an IPP in Kehoe, Mr Justice Openshaw said:


If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson recruits regulatory experts Caroline Barker and Tom Walker to bolster health, government and corporates practices

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Partner and paralegals bolster clinical negligence team at Jackson Lees Group

Stone King—Manchester

Stone King—Manchester

Stone King triples Manchester footprint with office move as law firm’s rapid growth journey continues

NEWS
Group claims, disputed costs and judicial recruitment dominate the latest courtroom round-up
Legal professional privilege has checked the SRA’s investigative powers, exposing difficult questions about tackling suspected abusive litigation
Sanctions can derail commercial disputes long before judgment, making early planning essential
Landlords face fresh registration duties as procedural reforms reshape the civil courts
Pressure is mounting for a dedicated UK AI law, but deciding what it should achieve remains the central challenge
back-to-top-scroll