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:


“When, as here, an offender meets the criteria

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll