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SENTENCING

23 March 2007
Issue: 7265 / Categories: Case law , Law digest
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R v Reynolds [2007] EWCA Crim 538, [2007] All ER (D) 139 (Mar)

The Court of Appeal summarised the dangerous offender provisions in the Criminal Justice Act 2003 (CJA 2003):

(i) The first question is whether the offence is a specified offence; the second is whether it is a serious offence.

(ii) If it is a specified offence, whether serious or not, the court must determine whether the defendant meets the criteria of
dangerousness.

(iii) If the criteria of dangerousness are met and the defendant is aged 18 or over:

(a) where the offence is a serious offence, he must be sentenced to an indeterminate sentence under s 225; or
(b) otherwise he must be sentenced to an extended sentence under s 227.
(iv) If the criteria of dangerousness are met, and the offender is under 18:
(a) if the offence is a serious offence and an offence to which he would be liable to a sentence of detention for life under the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000),
s 91, and it justifies—together with any associated

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