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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
back-to-top-scroll