New powers for judges to punish offenders who refuse to attend sentencing
For the first time, judges will be able to hand down prison punishments for criminals who refuse to attend their sentencing hearing under new measures in the Victims and Courts Bill.
The powers of the Victims’ Commissioner will also be strengthened, empowering them to play a greater role in individual cases and requiring them to produce an independent report on compliance with the Victims’ Code.
Lord Chancellor and Secretary of State for Justice 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 Bill also extends the eligibility to all cases in the Crown Court, meaning that all offenders who attempt to evade justice could be subject to tough sanctions – such as confinement to their cell and loss of privileges, such as extra time in the gym – as well as up to two more years behind bars.
Offenders who have been ordered to attend by a judge but whose disruptive and disrespectful behaviour results in their removal from the courtroom will also be punishable by the same means.
Minister Davies-Jones said: “I would like to thank the remarkable families of Olivia Pratt-Korbel, Jan Mustafa, Sabina Nessa and Zara Aleena and countless others who have campaigned tirelessly for offenders to have to face the reality of their crimes by attending their sentencing.
“Justice isn’t optional – we’ll make sure criminals face their victims.”
The Bill, introduced on Wednesday (May 7) will also provide greater protection to victims by automatically restricting parental responsibility for vile offenders sentenced for a serious sexual abuse offence against their own child.
Predatory parents will be prevented from actively taking steps in the child’s life, including requesting updates about the child’s schooling or seeking to interfere with their activities, better enabling the family to move forwards with their lives.
The Victims’ Commissioner for England and Wales, Baroness Newlove, said: “These important and welcome reforms give the Victims’ Commissioner the statutory powers needed to deliver on the role’s promise: championing victims’ rights, scrutinising compliance with the Victims’ Code, holding agencies to account, and spotlighting the true victim experience to drive meaningful change.
“This marks a step towards a more accountable system that puts victims first.
“Crucially, it introduces much-needed oversight and accountability to how agencies respond to anti-social behaviour – an area where victims have too often felt unheard and unsupported.”
The Bill bolsters the role of the Victims’ Commissioner. Under the new legislation, the Commissioner will be able to play a greater role in individual cases which raise systemic issues ensuring lessons are learned to benefit other victims or witnesses.
Association of Police and Crime Commissioners leads for victims, Lisa Townsend and Clare Moody, said: “We very much welcome plans to compel offenders to attend their sentencing hearing with the threat of additional sanctions. It is absolutely right that those convicted of terrible crimes should be in court to receive their sentence, not compounding the hurt and trauma they have caused their victims and their families by refusing to face them.
“Ensuring appropriate and timely support is in place for victims of crime is a key part of a police and crime commissioner’s role so we fully support measures that ensure victims are at the heart of the criminal justice process. Whilst the families who have campaigned so hard for this change will not benefit from it themselves, their efforts mean dangerous criminals must be in court to face the full consequences of being brought to justice for their crimes.”
London’s Independent Victims’ Commissioner, Claire Waxman OBE, said: “For too long, offenders found guilty of some of the most heinous crimes have refused to attend sentencing hearings and face justice, their victims, and their victims’ families.
“I have worked closely with Jebina Islam, Farah Naz and Ayse Hussein in spearheading this campaign and I want to pay tribute to their tireless campaigning, and also thank the family of Olivia Pratt-Korbel, who have fought so hard for this.
“Over the last few years, I have met with ministers, the Judiciary, and justice partners to help shape these proposals to ensure they meet the needs of victims. I am pleased this Government has listened and acted on our concerns and have included other measures, such as prison sanctions, which I hope will put an end to this cruel injustice.
“This Bill will also bring in other important reforms I have long called for, such as measures to remove parental responsibility from convicted child sex offenders, to ensure these victims are better protected, and new powers to strengthen the vital work of the Victims’ Commissioner. These are all welcome changes and I’ll continue to do everything I can to ensure victims’ and survivors’ voices and experiences are at the heart of criminal justice reform.”