Bretton, R v

Where an offender is dangerous and an extended sentence would require release halfway through the appropriate determinate term, the court must assess whether release at that point would be safe even with stringent conditions. If it would not, imprisonment for public protection may be the only appropriate sentence.

The minimum term must reflect a proper notional determinate sentence, including credit for a guilty plea. A qualifying previous offence under Schedule 15A may permit a minimum term below two years.

The appellant pleaded guilty to breach of a non-molestation order, arson and breach of an anti-social behaviour order. The arson followed threats to his former partner and involved setting fire to her car.

At Bradford Crown Court, the judge imposed imprisonment for public protection for the arson, with a two-year minimum term less time on remand. Dangerousness was accepted on appeal. The issues were whether an extended sentence should instead have been imposed and whether the notional determinate term was excessive.

1. The appeal was allowed in part. The court upheld the sentence of imprisonment for public protection (IPP), but reduced the minimum term.
2. The appellant’s history showed persistent violent, abusive and non-compliant offending, directed particularly towards the complainant. The current arson marked an escalation in seriousness. The accepted dangerousness criteria were therefore satisfied.
3. In deciding between IPP and an extended sentence, the court considered that an extended sentence would require release halfway through the appropriate determinate term. On the facts known to the sentencing judge, it would not be safe to release the appellant then, even subject to significant conditions. IPP was therefore the only possible sentence.
4. The court reduced the notional determinate term from four years to three years, having regard to the nature of the offence and the guilty plea. The appellant’s earlier attempted robbery was an offence under Schedule 15A to the Criminal Justice Act 2003, so a two-year minimum term was not required. The minimum term was set at 18 months, less 64 days spent on remand.

• Court of Appeal (Criminal Division) — varied the minimum term while upholding IPP: [2010] EWCA Crim 207.
• Crown Court at Bradford — on 17 July 2009 imposed IPP for arson, with a two-year minimum term less 64 days on remand.
• Huddersfield Magistrates’ Court — on 14 May 2009 the appellant pleaded guilty and was committed to the Crown Court for sentence.