Practice and Procedure

R v MJ (2012)

PUBLISHED February 9, 2012

[2012] EWCA Crim 132

The decision of R. v Smith (Nicholas) [2011] UKSC 37, [2011] 1 W.L.R. 1795 did not undermine the long-established practice that the assessment of dangerousness involved addressing the question whether or not an offender would be dangerous when he would otherwise be released from a determinate sentence; it underlined the principle that the decision whether to make an order of imprisonment for public protection could only be made at the date of the sentencing hearing.

CA (Crim Div) (Lord Judge LCJ, Holman J, Openshaw J)