ABSTRACT

Within the criminal justice system there are four primary recipients of protection: the victim, potential future victims, society at large, and, in some instances, the defendant themselves. Almost every criminal offence is predicated on the fact that harm is caused or risked through the prohibited behaviour. However, the exact type of harm, and the methods by which it is caused, vary hugely. Common-sense advocates that offenders from whom it is particularly important that the public are protected are dangerous offenders. The idea of a dangerous offender was not known to English legislation until the Criminal Justice Act 2003. It has been observed that dangerousness itself is a social construct, and it varies with place, time, and societal context. Any offender who receives a life sentence, whether mandatory for murder, or discretionary for any other offence which carries a maximum of life imprisonment, has a tariff period set by the trial Judge.