Criminal Justice Act 2003

229 The assessment of dangerousness E+W

(1) This section applies where—

(a) a person has been convicted of a specified offence, and

(b) it falls to a court to assess under any of sections 225 to 228 whether there is a significant risk to members of the public of serious harm occasioned by the commission by him of further such offences.

(2) F1 . . . , the court in making the assessment referred to in subsection (1)(b)—

(a) must take into account all such information as is available to it about the nature and circumstances of the offence,

[F2 (aa) may take into account all such information as is available to it about the nature and circumstances of any other offences of which the offender has been convicted by a court anywhere in the world,]

(b) may take into account any information which is before it about any pattern of behaviour of which [F3 any of the offences mentioned in paragraph (a) or (aa)] forms part, and

(c) may take into account any information about the offender which is before it.

[F4 (2A) The reference in subsection (2)(aa) to a conviction by a court includes a reference to—

[F5 (a) a conviction of an offence in any service disciplinary proceedings, and]

(b) a conviction of a service offence within the meaning of the Armed Forces Act 2006 (“conviction” here including anything that under section 376(1) and (2) of that Act is to be treated as a conviction).]

[F6 (2B) For the purposes of subsection (2A)(a) “service disciplinary proceedings” means—

(a) any proceedings under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (whether before a court-martial or any other court or person authorised under any of those Acts to award a punishment in respect of any offence), and

(b) any proceedings before a Standing Civilian Court;

and “conviction” includes the recording of a finding that a charge in respect of the offence has been proved.]

(3) F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 229(2) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 17(2)(a), 149, 153, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 paras. 8, 50(2)(c)

F2 Words in s. 229(2)(aa) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 17(2)(b), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 8

F3 Words in s. 229(2)(b) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 17(2)(c), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 8

F4 S. 229(2A) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 17(3), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 8

F5 S. 229(2A)(a) substituted (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 177, 182, Sch. 21 para. 95(2) (with s. 180, Sch. 21 para. 47)

F6 S. 229(2B) inserted (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 177, 182, Sch. 21 para. 95(3) (with s. 180, Sch. 21 para. 47)

F7 S. 229(3) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 17(4), 149, 153, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 para. 50(2)(c)

F8 S. 229(4) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 17(4), 149, 153, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 para. 50(2)(c)

Modifications etc. (not altering text)

C1 S. 229(2)(2A) applied (with modifications) (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 223(2)(3), 383 (with s. 385) (as amended (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 145, Sch. 25 para. 17; S.I. 2009/1028, art. 2); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4; S.I. 2009/1028, art. 2(b)

C2 S. 229(2A)(b) modified (24.4.2009 for certain purposes, otherwise 31.10.2009) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 205, Sch. 1 para. 53(7)

Commencement Information

I1 S. 229 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 18 (subject to art. 2(2), Sch. 2)