Issued by: Ministry of Justice

New powers mean offenders could be stripped of their privileges or kept in their cells if they refuse to attend their sentencing hearing.

• Judges to get new powers to keep lock offenders in cells and restrict social visits

• Builds on reforms giving judges powers to order offenders into the dock to face justice

• Part of wider Government reforms to put victims first and ensure offenders are brought to justice

Killers who refuse to face their victims’ families at sentencing could be stripped of privileges or kept in cells for weeks on end under tough new rules announced today (22 October).

The government has already changed the law so offenders who refuse to attend sentencing can face a fine or up to two years’ additional imprisonment for contempt of court. But for murderers already facing decades behind bars, this can offer little deterrent.

The new powers will allow Crown Court judges to impose prison sanctions on offenders who refuse to attend sentencing, including restricting social visits for almost a month - ensuring even those facing decades behind bars have something more to lose.

This means notorious killers including Thomas Cashman and Jordan McSweeney who refused to appear in court to hear their sentences could have faced additional judge-imposed punishments had these rules been in place at the time.

Minister for Prisons, Probation and Reducing Reoffending 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.

"We committed to change this and we’ve already strengthened the law so offenders can be ordered into court. Now we’re going further, giving judges tougher punishments for those who still refuse – from being confined to their cells for weeks to losing prison privileges and visits."

Under new rules laid before Parliament today, judges will be able to impose a range of sanctions, including:

• Loss of prison privileges for almost three months (84 days).

• Cellular confinement for up to three weeks (21 days).

• Loss of social visits for nearly a month (27 days).

• Restrictions on social visits to once every four weeks, for almost three months (84 days).

The move builds on wider reforms which give judges the power to order offenders to attend sentencing and those who still refuse could now face additional prison sanctions. This is on top of the powers that allow judges to impose longer sentences.

The Victims’ Commissioner for England and Wales, Claire Waxman OBE, said:

"Today’s announcement reflects the tireless efforts of victims’ families who refused to accept that offenders could simply opt out of facing justice.

"Having worked with the families of Sabina Nessa, Zara Aleena and Jan Mustafa, 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. Their determined campaigning, alongside that of Olivia Pratt-Korbel’s family, helped ensure that this harm could no longer be ignored

"It is now essential that these powers are used consistently by courts and prisons, so families receive the justice and accountability they deserve."

Further information

• The measures will come into effect next year, after the regulations have been through the usual parliamentary process.

• For offenders aged 18 to 20 held in Young Offender Institutions, judges will be able to remove privileges for up to 21 days or impose cellular confinement for up to 10 days.

• In line with the Government’s commitment to supporting children of prisoners, visits from prisoners’ children will be exempt, helping to maintain family ties where safe, appropriate and in the child’s best interests.

• The new sanctions can be imposed instead of, or in addition to, other penalties available to the court.

• The powers also cover offenders who attend sentencing but are removed from court for disruptive behaviour.

• No measure can guarantee prisoners attend their sentencing hearing, but these powers strengthen the consequences for offenders who refuse to comply with a court order and ensure they can be appropriately punished.

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