New sanctions for offenders who skip sentencing hearings in England and Wales

Judges to gain powers to strip privileges, confine to cells, or limit visits under government changes

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Offenders in England and Wales who refuse to attend their sentencing hearings could face loss of prison privileges, cell confinement, and restricted visits under new rules granting judges wider sanctions, the Ministry of Justice has announced. The measures, to be laid before parliament on Thursday and coming into effect next year, aim to prevent criminals from avoiding accountability to victims and their families.

The changes build on existing laws that already allow courts to fine offenders or jail them for an additional two years for contempt of court if they fail to attend sentencing. Under the new powers, judges can impose a loss of prison privileges for up to 84 days, cell confinement for up to 21 days, loss of social visits for 27 days, and a restriction on visits to once every four weeks for 84 days. Younger offenders aged 18 to 20 could have privileges removed for up to 21 days or be confined to cells for up to 10 days. Visits from prisoners' children will be exempt to maintain family ties when in the child's best interests.

Prisons Minister Catherine McKinnell said: "Criminals should not be able to pick and choose when they face justice. Refusing to turn up to sentencing is an insult to victims and their families, and offenders must face the consequences."

The Ministry of Justice acknowledged that no measure can guarantee attendance but said the widened powers strengthen consequences and ensure offenders can be "appropriately punished".

Claire Waxman, victims' commissioner for England and Wales, welcomed the announcement as reflecting the "tireless efforts" of victims' families. She noted that offenders' refusal to attend sentencing "compounds trauma and robs families of one of the very few moments of accountability in the justice process". She added that it is now essential that courts and prisons use these powers consistently.

The move follows the early release of nearly 2,000 prisoners this month as part of a government plan to ease prison overcrowding.

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Analysis

Why This Matters

  • The reforms directly affect victims and their families by potentially providing a greater sense of accountability when offenders are forced to face sentencing.
  • They introduce new disciplinary measures that could increase the severity of punishment for offenders already serving long sentences.
  • The announcement comes amid ongoing prison overcrowding, raising questions about how the new sanctions will be implemented within strained prison systems.

Background

The new rules apply to England and Wales, building on existing contempt-of-court laws. The government has been seeking ways to address prison overcrowding, including releasing thousands of prisoners early this month. The victims' commissioner has long advocated for stronger consequences for offenders who refuse to attend sentencing hearings.

Key Perspectives

Government and Ministry of Justice: The changes empower judges to impose meaningful penalties on offenders who try to avoid facing victims and their families. They argue the measures are necessary for justice and accountability.

Victims' Commissioner Claire Waxman: Welcomed the move, emphasizing that it addresses the compounded trauma families experience when offenders refuse to attend sentencing. She urged consistent application of the new powers.

Critics/Skeptics: The Ministry of Justice acknowledges that no measure can guarantee attendance. Some may question whether additional sanctions on already-sentenced offenders are effective or whether they risk exacerbating prison tensions in an overcrowded system.

What to Watch

  • How consistently courts and prisons apply the new powers once they come into effect next year.
  • Whether the sanctions lead to an increase in offender attendance at sentencing hearings or a rise in appeals.
  • The impact on prison capacity and staff resources, given ongoing overcrowding.

Sources

Checked

12 claims in this story checked against 1 source: 12 supported.

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  1. SupportedJudges in England and Wales will gain powers to sanction offenders who refuse to attend sentencing, including loss of privileges, cell confinement and limits on visits.World news | The Guardian: “Offenders who refuse to face their victims’ families in court for sentencing could be stripped of privileges or kept in cells for weeks under government changes granting wider powers to judges in England and Wales.”
  2. SupportedThe new rules are to be laid before parliament on Thursday and take effect next year.World news | The Guardian: “The new rules, to be laid before parliament on Thursday”
  3. SupportedExisting law allows offenders who fail to attend sentencing to be fined or jailed for a further two years for contempt of court.World news | The Guardian: “builds on existing laws that order offenders to attend sentencing or face a fine or be jailed for a further two years for contempt of court.”
  4. SupportedThe new sanctions include loss of prison privileges for 84 days, cell confinement for 21 days, loss of social visits for 27 days, and restrictions to one visit every four weeks for 84 days.World news | The Guardian: “a loss of prison privileges for 84 days, cell confinement for 21 days, a loss of social visits for 27 days and a restriction on visits to once every four weeks, for 84 days.”
  5. SupportedOffenders aged 18 to 20 could lose privileges for up to 21 days or be confined to cells for up to 10 days.World news | The Guardian: “Younger offenders aged 18 to 20 could have privileges removed for up to 21 days or be confined to cells for up to 10 days, said the MoJ.”
  6. SupportedVisits from prisoners’ children will be exempt from the sanctions to help maintain family ties and when it is in the child’s best interests.World news | The Guardian: “Visitors from prisoners’ children will be exempt, to help maintain family ties and when in the child’s best interests.”
  7. SupportedPrisons Minister Catherine McKinnell said: “Criminals should not be able to pick and choose when they face justice. Refusing to turn up to sentencing is an insult to victims and their families, and offenders must face the consequences.”World news | The Guardian: ““Criminals should not be able to pick and choose when they face justice. Refusing to turn up to sentencing is an insult to victims and their families, and offenders must face the consequences,” said the prisons minister, Catherine McKinnell.”
  8. SupportedThe Ministry of Justice said the sanctions cannot guarantee attendance but strengthen consequences and allow offenders to be appropriately punished.World news | The Guardian: “The Ministry of Justice has said that while no measure can guarantee offenders will attend their sentencing hearing, the widened powers strengthen the consequences for offenders and ensure they can be “appropriately punished”.”
  9. SupportedClaire Waxman said the announcement reflected the tireless efforts of victims’ families.World news | The Guardian: “Claire Waxman, the victim’s commissioner for England and Wales, ... said the announcement reflected the “tireless efforts” of victims’ families.”
  10. SupportedWaxman said offenders’ refusal to attend sentencing compounds trauma and robs families of a moment of accountability.World news | The Guardian: ““I know how offenders’ refusal to attend sentencing hearings compounds trauma and robs families of one of the very few moments of accountability in the justice process,” said Waxman.”
  11. SupportedWaxman said it was essential that courts and prisons use the powers consistently.World news | The Guardian: ““It is now essential that these powers are used consistently by courts and prisons, so families receive the justice and accountability they deserve.””
  12. SupportedThe move follows the release of nearly 2,000 prisoners this month as part of a government plan to ease prison overcrowding.World news | The Guardian: “The move comes after nearly 2,000 prisoners across England and Wales were released from prison this month as part of a government plan to ease prison overcrowding.”

Zotpaper

Written by Harper Lane on the World desk. Claims checked by Ines Fairley, verification. Read for legal risk by Marcus Hale, legal. Edited by Angus Burke, chief sub.

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