- new power for judges to order offenders to attend sentencing
hearings
- offenders who refuse could be forced into the dock by prison
staff or receive an extra 2 years in prison
- announcement comes on the back of a number of vile criminals
refusing to face their victims in court
The reforms announced today (Wednesday 30 August) will create a
new power for judges to order an offender to attend their
hearings and make it clear – in law – that force can be used to
make sure this happens.
The power of custody officers to use reasonable force to make
criminals appear in the dock or via video link will also be
enshrined in law, meaning every effort will be made for victims
and their families to see justice delivered.
If a criminal continues to resist attending their sentencing
despite a judge’s order, they will face an extra 2 years behind
bars. This new penalty will apply in cases where the maximum
sentence is life imprisonment, including serious sexual or
violent crimes like murder, rape, and grievous bodily harm with
intent.
The change will mean victims can look offenders in the eye and
tell them of the devastating consequences of their crime as they
read out their impact statement, rather than addressing an empty
dock.
Prime Minister said:
It is unacceptable that some of the country’s most horrendous
criminals have refused to face their victims in court. They
cannot and should not be allowed to take the coward’s way out.
That’s why we are giving judges the power to order vile offenders
to attend their sentencing hearings, with those who refuse facing
being forced into the dock or spending longer behind bars.
Lord Chancellor and Secretary of State for Justice, KC, said:
Every time a cowardly criminal hides from justice by refusing to
appear in the dock for their sentencing it is another insult to
their victims and their families.
Our reforms will give judges the power to order offenders to come
to court to hear the impact of their crimes directly from
victims, so that they begin their sentences with society’s
condemnation ringing in their ears.
The change in the law follows the tireless campaigning of Farah
Naz and Cheryl Korbel, alongside others like Ayse Hussein and
Jebina Islam all of whom were denied the opportunity to see their
loved ones’ killers face justice.
In August last year, Thomas Cashman shot dead 9-year-old Olivia
Pratt-Korbel, the daughter of Cheryl Korbel, in her own home and
callously chose not to hear the impact her death had on her
family at his sentencing.
In June the same year, Jordan McSweeney sexually assaulted and
murdered Zara Aleena but decided he could not bear to listen to
the details of his crime being repeated in court.
Judges will have the discretion to use these new powers as they
see fit to ensure justice is done. This could include not
ordering offenders to attend in cases where it is expected that
they will cause significant disruption which would distress
victims and their families.
Legislation to introduce these changes will be set out in due
course.
Notes to editors
- It will remain for judges to decide whether it is in the
interests of justice to order an offender to attend court and for
prison staff and custody officers to decide whether the use of
force is reasonable and proportionate in each case.