Dangerous offender
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In certain jurisdictions, certain convicted persons may be designated as dangerous offenders and subject to a longer, or indefinite, term of imprisonment in order to protect the public.
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[edit] Worldwide
[edit] Canada
In Canadian criminal law, a convicted person who is designated a dangerous offender may be subjected to an indeterminate prison sentence, whether or not the crime carries a life sentence, but does not apply to convictions of first degree murder, second degree murder, high treason, and treason.[1] The purpose of the legislation is to detain offenders who are deemed too dangerous to be released into society because of their violent tendencies, but whose sentences would not necessarily keep them incarcerated under other legislation, such as the Correctional and Conditional Release Act. Under subsection 761(1) of the Criminal Code, the National Parole Board is required to review the case of an offender with a dangerous offender label after seven years, and parole may be granted as circumstances warrant, but the offender would remain under supervision indefinitely. After the initial review, the Parole Board must conduct subsequent reviews every two years.[2] According to Corrections Canada, on average 24 dangerous offenders are admitted to the Canadian prison system each year. Paul Bernardo is one well-known dangerous offender. Canadian courts also have the option of designating convicts "long term offenders". A hearing is held after sentencing, and, if a judge rules the accused is likely to re-offend after release, a ten-year period of community supervision is required after the sentence is completed. This designation is most often used on sex offenders. On October 17, 2006, the Canadian government introduced legislation that would make it easier for Crown prosecutors to obtain Dangerous Offender designations. The proposed amendments would provide, among other things, that an offender found guilty of a third conviction of a designated violent or sexual offence must prove that he or she does not qualify as a Dangerous Offender.[3] (Under current legislation, the prosecution must prove that the individual qualifies as a dangerous offender; the proposed amendment would reverse the onus for individuals convicted of three violent offences -- they would have to prove that despite the three convictions, they do not qualify as Dangerous Offenders.)
[edit] England and Wales
In England and Wales, the sentencing of dangerous offenders is governed by sections 224 - 236 of the Criminal Justice Act 2003.
[edit] References
- ^ Criminal Code definition of 'serious personal injury offence, which is the basis for a dangerous offender application
- ^ http://canlii.org/ca/sta/c-46/sec752.html
- ^ Minister of Justice Proposes Stringent New Rules to Protect Canadians from Dangerous and High-Risk Offenders (2006-10-17). Retrieved on 2007-03-07.
