Judges in England and Wales will receive enhanced authority to prohibit prison visits and confine offenders in their cells for extended periods when they decline to appear before victims’ families at sentencing.
These stricter sanctions, set to take effect next year, expand upon existing legislation that mandates attendance at sentencing, with non‑compliance punishable by additional fines or a two‑year imprisonment for contempt of court.
This initiative represents the latest effort to compel offenders to appear in court, as the Ministry of Justice acknowledges that longer sentences alone may not deter individuals already incarcerated.
\”Offenders ought not to be able to choose when they confront justice,\” Prisons Minister Catherine McKinnell stated.
\”Failing to appear for sentencing insults victims and their families, and offenders must accept the consequences,\” she added.
The new measures allow offenders to be held in solitary confinement for up to three weeks, have social visits suspended for almost a month, and may see additional prison privileges revoked for extended periods.
Farah Naz, the aunt of Zara Aleena, who was sexually assaulted and murdered while walking home in Ilford, east London, in June 2022, said her niece’s murderer’s refusal to attend sentencing \”created a feeling that justice remained unfinished\”.
\”Removing these privileges… would shift the balance of power in the justice system from offender to victim,\” Naz said.
Judges may also further restrict social visits to once every four weeks for up to three months for offenders who refuse to attend sentencing.
For offenders aged 18 to 20, comparable restrictions may be imposed, albeit for shorter durations, according to the Ministry of Justice.
However, visits from prisoners’ children will remain exempt from these sanctions.
Nevertheless, Pia Sinha, chief executive of the Prison Reform Trust, has called for evidence that these sanctions will improve attendance and warned that the measures could unfairly penalise relatives of prisoners who have committed no offence themselves.
The families of murdered primary‑school teacher Sabina Nessa, law graduate Zara Aleena, and mother‑of‑three Jan Mustafa have previously campaigned for reforms to the law.
In each case, the perpetrators failed to attend their sentencing hearings.
Thomas Cashman, the gunman who killed nine‑year‑old Olivia Pratt‑Korbel, and triple‑crossbow and knife killer Kyle Clifford also refused to confront their punishment in court.
Victims’ Commissioner for England and Wales, Claire Waxman OBE, said the announcement follows \”the tireless efforts of victims’ families\” who refuse to allow offenders to simply opt out of facing justice.
She emphasised that it is \”essential\” for these powers to be employed \”consistently by courts and prisons\” so that families receive the justice and accountability they deserve\”
