[2011] UKSC 37

It was not unlawful to impose a sentence of imprisonment for public protection on a defendant who had been recalled under a life sentence from which he would not be released until he could satisfy the Parole Board that he no longer posed a danger to the public. The Criminal Justice Act 2003 s.225(1)(b) required a judge to decide whether a defendant posed a significant risk of causing serious harm at the time of sentencing, not whether he would pose such a risk after serving his sentence.

SC (Lord Phillips (President), Lord Walker JSC, Lady Hale JSC, Lord Collins JSC, Lord Wilson JSC)


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