[2006] EWCA Crim 3261

A judge had been wrong to undertake a trial of an issue concerning a defendant's alleged conduct prior to an offence that had neither been admitted nor proved by verdict and further erred in using his findings against that defendant to form the basis of an assessment of dangerousness under the Criminal Justice Act 2003. However, in the circumstances, the judge was correct to impose imprisonment for public protection.

CA (Crim Div) (Latham LJ, Mitting J, Teare J)

14/12/2006