C3Part 12Sentencing
Chapter 5Dangerous offenders
I1229The assessment of dangerousness
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.
C12
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,
F2aa
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 F3any 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.
F4C12A
The reference in subsection (2)(aa) to a conviction by a court includes a reference to—
F5a
a conviction of an offence in any service disciplinary proceedings, and
C2b
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).
F62B
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3
Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4