S & Ors, R v

S & Ors, R v

The extension period for licence under sections 227 and 228 of the Criminal Justice Act 2003 begins at the end of the custodial term, regardless of whether part of the custodial term is served on licence. Assessment of dangerousness must be based on a significant risk of serious harm, and extended sentences or sentences for public protection should only be imposed where this threshold is met. Several sentences were quashed or reduced where the statutory test was not satisfied or the custodial term was excessive.

Parties
Prosecution: R; Applicant: S; Applicant: Scott-Rab John Burt; Applicant: John David Parsons; Applicant: Craig Edward Paul Carr; Applicant: Stephen Lee Hargreaves; Applicant: Vincent Denton; Applicant: Timothy Nicholas Taylor; Applicant: Timothy Malcolm Coyne; Applicant: H
Jurisdiction
England and Wales
Judgment Date
19 December 2005
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeals allowed in part; several sentences quashed or reduced; technical corrections made.
Legal Topics
Dangerous Offenders, Extended Sentences, Imprisonment for Public Protection, Specified Offences, Assessment of Risk, Licensing Periods
Criminal Law Sentencing Dangerous Offenders Extended Sentences Imprisonment for Public Protection Specified Offences Assessment of Risk Licensing Periods

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Parties

R

Prosecution

S

Applicant

Scott-Rab John Burt

Applicant

John David Parsons

Applicant

Craig Edward Paul Carr

Applicant

Stephen Lee Hargreaves

Applicant

Vincent Denton

Applicant

Timothy Nicholas Taylor

Applicant

Timothy Malcolm Coyne

Applicant

H

Applicant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 When does the extension period for licence begin under sections 227 and 228 of the Criminal Justice Act 2003?
  2. 2 What constitutes a significant risk of serious harm for dangerousness determinations?
  3. 3 Were the extended sentences and sentences for public protection properly imposed in each case?

Ratio Decidendi

The extension period for licence under sections 227 and 228 of the Criminal Justice Act 2003 begins at the end of the custodial term, regardless of whether part of the custodial term is served on licence. Assessment of dangerousness must be based on a significant risk of serious harm, and extended sentences or sentences for public protection should only be imposed where this threshold is met. Several sentences were quashed or reduced where the statutory test was not satisfied or the custodial term was excessive.

Court Disposition

Appeals allowed in part; several sentences quashed or reduced; technical corrections made.

Orders

  • Custodial terms reduced for S, Burt, Hargreaves, Denton, Taylor, Coyne, H.
  • Extended sentences quashed for Parsons, Carr, Hargreaves (assault), Taylor, Coyne.