Practice and Procedure

R v IAN SMALL (2013)

PUBLISHED March 7, 2013

[2013] EWCA Crim 461

Where an offender who had been convicted of an offence of grievous bodily harm, a recorder had erred in imposing a sentence of life imprisonment and a sentence of imprisonment for public protection was substituted. The Criminal Justice Act 2003 Pt 12 s.225 did not stipulate that if an offence carried a sentence of life imprisonment and there was a finding of dangerousness, a life sentence was an automatic consequence.

CA (Crim Div) (Davis LJ, Silber J, Sir David Calvert Smith)