Sentencing the most dangerous terrorism offenders: the need for a new order

Thesis

Terrorism can cause death and destruction on a unique scale that is unmatched by other criminal offences. Some terrorism offenders can be exceptionally dangerous individuals, indeed, on occasion willing to die for their cause. In seeking to deal with terrorism offenders, the sentencing framework in England and Wales – both through the Sentencing Council’s Definitive Guidelines and judgments from the Court of Appeal – focus on three purposes of sentencing among five that appear in primary legislation, namely punishment, incapacitation and deterrence. This focus brings a number of questions, including the construction of the Definitive Guidelines, the treatment by the Court of Appeal of those who have committed serious terrorism offences, the interaction between those purposes of sentencing, and the effectiveness of the utilitarian purposes of sentencing. In the careful unpicking of the terrorism sentencing scheme, this thesis also identifies a lacuna in respect of the most dangerous terrorism offenders, namely the lack of a mechanism to detain exceptionally dangerous individuals who are not serving a life sentence and who therefore have a definitive (latest) point of release. The thesis proposes a new sentence called a Preventive Terrorism Sentence that is focused solely on the most dangerous terrorism offenders and which would provide a mechanism for their continued detention whatever sentence was imposed other than a sentence of life imprisonment. This new sentence is justified using Dworkin’s competing rights justification as its starting point. Acutely aware of the damage caused by and the justified criticism of the disastrous imprisonment for public protection scheme, the Preventive Terrorism Sentence has a number of robust safeguards for offenders including an enhanced dangerousness threshold, regular reviews in custody before a specialised division of the Parole Board, and the right to access proven rehabilitation courses to ensure that individuals have the best chance of release

Authors: Azmeh, U

• DOI: 10.5287/ora-nyvdnvabe
• Type of award: DPhil
• Level of award: Doctoral
• Awarding institution: University of Oxford
• Language: English
• Keywords: law; sentencing; dangerous offenders; incapacitation; criminal law; terrorism
• Subjects: Sentences (Criminal procedure); Criminal law; Indeterminate sentences