7Declaration of dangerous criminal

7 Declaration of dangerous criminal

(1)  The Supreme Court may declare an offender to be a dangerous criminal if –

(a) an application under section 4(1) is made in relation to the offender; and

(b) the offender has been convicted of a crime, involving violence or an element of violence, that is specified in the application; and

(c) the offender –

(i) has not been sentenced for the crime specified in the application; or

(ii) is brought up for sentence for the crime specified in the application; or

(iii) is serving, or has been sentenced to serve, a custodial sentence in relation to the crime specified in the application (whether or not the sentence is being, or is to be, served concurrently with, or cumulatively on, another custodial sentence for another crime or offence); or

(iv) is serving, or has been sentenced to serve, a custodial sentence being served cumulatively on a custodial sentence for the crime to which subparagraph (iii) applies (whether or not the sentence is being served concurrently with, or cumulatively on, another custodial sentence for another crime or offence); and

(d) one of the following applies in relation to the offender:

(i) the offender has at least one conviction, for a crime involving violence or an element of violence, in addition to the conviction for the crime specified in the application;

(ii) the crime specified in the application comprises multiple unlawful acts involving violence or an element of violence; and

(e) the offender has apparently attained the age of 17 years; and

(f) the Court is satisfied that the offender is, at the time when the declaration is made, a serious danger to the community; and

(g) the Court has sentenced, or intends to sentence, the offender to a term of imprisonment for the crime to which the application relates.

(2)  For the purposes of this section, the Supreme Court must, in determining whether it is satisfied that an offender is a serious danger to the community, consider –