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R v Pedley & Ors
May 23, 2009 | No CommentsConsideration of the meaning of “significant risk . . . of serious harm” in the Criminal Justice Act 2003, s 225(1)(b) with reference to imprisonment for public protection. Dictionary definition of “significant” was “noteworthy, of considerable amount or importance” – wholly unhelpful to attempt to re-define “significant risk” in terms of numerical probability, whether as “more probable than not” or by any other percentage of likelihood; inconsistent with the degree of flexibility inherent in the word “significant” – IPP sentence compatible with both ECHR, arts 3 and 5(1) – no question of the threshold being so low that the punishment was disproportionate – any sentence of IPP was closely controlled by law and could be imposed only in accordance with the statute.
[2009] EWCA Crim 840
Report here: R v Pedley (106)
Art. 03 Prohibition of Torture, Art. 05 Right to Liberty and Security, Prisons Law
