England and Wales Expand Sanctions for Offenders Skipping Sentencing

Judges in England and Wales will gain expanded powers next year to punish offenders who refuse to attend sentencing hearings, allowing courts to impose solitary confinement, suspend social visits and withdraw prison privileges. The Ministry of Justice says the measures aim to ensure convicted criminals face the consequences of their actions and acknowledge the suffering of victims' families.

Under the new rules, offenders could be confined to their cells for up to three weeks, lose social visits for nearly a month and have prison privileges revoked for longer periods. Judges could also restrict social visits to once every four weeks for almost three months, according to the Ministry of Justice.

The changes build on an existing law requiring offenders to attend sentencing hearings. Those who refuse can already face a fine or up to two additional years in prison for contempt of court, but the government acknowledges that extending prison terms alone may not deter people who are already incarcerated.

Prisons Minister Catherine McKinnell said the new measures would reinforce the principle that offenders cannot avoid accountability by refusing to appear in court.

"Criminals should not be able to pick and choose when they face justice," said Catherine McKinnell, Prisons Minister.

McKinnell said refusing to attend sentencing also affects victims and their relatives, who may expect to confront the person responsible for their suffering during court proceedings.

"Refusing to turn up to sentencing is an insult to victims and their families, and offenders must face the consequences," McKinnell said.

The measures follow campaigns by families whose loved ones were murdered by offenders who subsequently refused to attend their sentencing hearings. Among them is the family of Zara Aleena, who was sexually assaulted and murdered while walking home in Ilford, east London, in June 2022.

Farah Naz, Aleena's aunt, said the killer's absence prevented the family from feeling that the sentencing process had been fully completed. Jordan McSweeney, who murdered Aleena, was sentenced to at least 38 years in prison.

"Taking away these privileges... would rebalance the power in the justice system from offender to victim," Naz said.

Aleena's family had hoped that delivering their victim impact statement in McSweeney's presence would help him understand the consequences of his crime and the devastation it caused. His refusal to attend sentencing left the family feeling that justice was incomplete.

The Ministry of Justice said similar restrictions could apply to offenders aged 18 to 20, although the sanctions would last for shorter periods. Visits from prisoners' children will be exempt from the new measures.

Pia Sinha, chief executive of the Prison Reform Trust, questioned whether the proposed penalties would achieve their intended purpose. She called for evidence that the sanctions would increase attendance at sentencing hearings and warned that restrictions could affect prisoners' relatives who had committed no offense.

Other families who have campaigned for changes include the relatives of Sabina Nessa, a murdered primary school teacher, and Jan Mustafa, a mother of three. Their loved ones' killers also failed to attend their sentencing hearings.

Thomas Cashman, who murdered nine-year-old Olivia Pratt-Korbel, and Kyle Clifford, responsible for a triple killing involving a crossbow and a knife, also refused to attend court for sentencing.

Claire Waxman, the Victims' Commissioner for England and Wales, said the announcement followed sustained efforts by victims' families to prevent offenders from avoiding sentencing proceedings.

Waxman emphasized that the new powers would need to be applied consistently by courts and prisons so victims' families could receive the accountability they deserve.