Judges gain new powers to punish sentencing absentees

Judges across England and Wales will soon be able to impose stricter penalties on offenders who refuse to attend their sentencing hearings. These new powers, expected to be implemented next year, aim to ensure that criminals face the consequences of their actions in court.

The Ministry of Justice announced that sanctions could include confinement to cells for up to three weeks, the revocation of prison privileges, and the prohibition of social visits for nearly a month. This initiative builds upon existing laws that allow for fines or additional jail time for contempt of court if offenders do not appear for sentencing.

Addressing Victim Concerns

Prisons Minister Catherine McKinnell stated that refusing to attend sentencing is an affront to victims and their families. She emphasised that offenders must be held accountable for their absence. The Ministry of Justice acknowledged that increasing prison sentences alone is unlikely to deter individuals already serving time.

The families of murdered individuals, including Zara Aleena, Sabina Nessa, and Jan Mustafa, have previously campaigned for such legislative changes. Their loved ones' killers did not attend their sentencing hearings, leading to feelings that justice was incomplete. Farah Naz, aunt of Zara Aleena, whose murderer Jordan McSweeney did not attend his sentencing, noted that such absences prevent victims' families from fully conveying the impact of their loss.

Victims' Commissioner for England and Wales, Claire Waxman OBE, highlighted that these measures follow persistent advocacy from victims' families who are unwilling to accept offenders avoiding accountability. She stressed the importance of consistent application of these powers by courts and prisons to ensure families receive the justice and accountability they deserve.

Exemptions and Criticisms

While the new sanctions will apply to offenders aged 18 to 20, they will be for shorter durations. Importantly, visits from prisoners' children will remain exempt from these restrictions. However, Pia Sinha, CEO of the Prison Reform Trust, has raised concerns, calling for evidence that these sanctions will genuinely increase court attendance. She warned that the measures could unfairly penalise prisoners' relatives who have committed no offence themselves.

The Ministry of Justice indicated that judges would also have the authority to restrict social visits to once every four weeks for almost three months for those who refuse to attend court.