Part 12 U.K.Sentencing

Modifications etc. (not altering text)

C1 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

Chapter 5 E+WDangerous offenders

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—

(a) a finding of guilt in 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).]

(3) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F1 Words in s. 229(2) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 17(2)(a), 149, 153, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 paras. 8, 50(2)(c)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

F6 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)

C2 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)

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)