ABSTRACT

In determining whether ‘dangerousness’ applies, the court must be of the opinion that there is a significant risk to members of the public of serious harm occasioned by the likely commission of further specified offences. ‘Serious harm’ is defined by the Criminal Justice Act 2003 as ‘death or serious personal injury whether physical or psychological’. ‘Significant risk’ has been defined by case law as ‘noteworthy, of considerable amount or importance’. Case law has also established that assessing ‘risk’ should involve a ‘two stage’ test and that ‘significant risk of further offence’ should not be taken necessarily to imply ‘significant risk of serious harm’, nor vice versa.