Sentencing dangerous offenders following the Criminal Justice and Immigration Act 2008, and the place of psychiatric evidence

Abstract

Sentencing of dangerous offenders has been transformed by the amendments of the Criminal Justice and Immigration Act 2008. Although the sentencing procedure remains highly prescribed and complex, judicial discretion has returned. This, together with statutory support and guidance from the appellate courts, is likely to increase the requirement for psychiatric evidence in such cases. Such cases highlight the dual agent role of psychiatrists when engaging in this work, and clinicians must be acutely aware of the differences between the court and clinical practice when making risk assessments. This requires a proper understanding of the sentencing procedure.