The defendant appealed his sentence. The judge had imposed a sentence longer than was commensurate with the offence on the basis that such a sentence was required to protect the public from serious harm from the offender.
Held: Where a judge was considering making such an order, he must inform counsel and allow representations to be made. The court should first test to see whether the situation fulfilled the conditions. Was the defendant likely to re-offend, and was the harm that would result be sufficiently serious to justify a sentence extended under the Act.
Judges:
Woolf LCJ, Jackson J
Citations:
Times 12-Feb-2003
Statutes:
Powers of Criminal Courts (Sentencing) Act 2000 80(2)(b)
Jurisdiction:
England and Wales
Criminal Sentencing
Updated: 29 August 2022; Ref: scu.179031