Criminals in England and Wales face sanctions for refusing to attend sentencing

Criminals in England and Wales face sanctions for refusing to attend sentencing

Criminals who refuse to attend their sentencing face segregation in prison cells and longer time in jail under new powers handed to judges.

Tougher sanctions across England and Wales will include confinement to cells and less time in the gym among measures to be introduced to parliament on Wednesday.

The development comes after recently convicted criminals in high-profile cases have refused to attend sentencing hearings and victim impact statements.

The measures will be introduced in the government’s victims and courts bill, which also extends the eligibility to all cases in the crown court. This means that all offenders who attempt to evade sentencing hearings could be subject to the sanctions as well as up to two more years behind bars.

Offenders who have been ordered by a judge to attend but whose disruptive and disrespectful behaviour results in their removal from the courtroom will also be punishable by the same sanctions.

Keir Starmer promised to continue the pledge to change the law, first made by his predecessor, Rishi Sunak, when he met the mother of murdered nine-year-old Olivia Pratt-Korbel.

Cheryl Korbel and her family have campaigned to change the law so that offenders are compelled to appear in the dock for sentencing.

Thomas Cashman, the gunman who killed Olivia as he chased a drug dealer who had tried to run into her home in Knotty Ash, Liverpool, did not appear in court to hear his life sentence in April 2023.

Earlier this year, triple crossbow and knife killer Kyle Clifford refused to attend his sentencing where he received a whole life order in March.

The Southport child murderer Axel Rudakubana refused to leave his cell for hearings in February, and avoided facing victims’ families as he was removed from his hearing for repeatedly shouting in January.

Last year, Lucy Letby told the trial judge through her legal team that she would not appear in court for the remainder of the proceedings after she was found guilty of murdering seven babies.

In December 2022, Jordan McSweeney, the killer of Zara Aleena, refused to attend as he was jailed for life and ordered to serve a minimum of 38 years. Aleena’s family described his no-show as “a slap in the face”.

Under the new legislation, judges will be given the power to sentence offenders for up to two more years in prison for avoiding facing justice.

For those who already face lengthy imprisonment or whole life orders, judges could also impose a range of prison punishments on offenders such as confinement to their cells and stripping them of privileges such as time in the prison gym.

The bill will restrict parental responsibility from child sex offenders who committed serious crimes against their own child to boost protection for victims.

The move will stop them being able to ask for updates on their child’s schooling or trying to interfere in their life.

Under the bill, the victims’ commissioner will be required to produce an independent report on whether agencies are meeting their statutory duty over the victim’s code, in a bid to further hold the government to account.

Helen Newlove said the reforms were important. The victims’ commissioner for England and Wales said: “Crucially, it introduces much needed oversight and accountability to how agencies respond to antisocial behaviour – an area where victims have too often felt unheard and unsupported.”

Judges can make an order for a defendant to appear, and refusing the judge’s order can result in prosecution under the Contempt of Court Act. But Ministry of Justice officials say they are only aware of one example in a decade of a judge doing this.

Shabana Mahmood said: “This bill will deliver long overdue reforms to ensure victims see justice done and are given the vital support they need as they rebuild their lives.”

The child protection charity NSPCC backed the move, hoping it will lead to improvements in how young victims and survivors are treated and receive the support they are entitled to, but said it was “not a complete solution”.

Sam Whyte of the NSPCC said: “These measures must be part of broader efforts to create a truly accountable criminal justice system.

“That must include government using the upcoming comprehensive spending review to commit the considerable investment needed in specific support for victims and survivors of child sexual abuse, so that every child can access the support they need, where and when they need it.”

Source: theguardian.com