Europe
2023.09.01 19:04 GMT+8

Explainer: UK criminals to not have 'coward's way out' at sentencing

Updated 2023.09.01 19:04 GMT+8
Sunniya Ahmad Pirzada

Judges will get the power to order criminals to attend their sentencing, the UK government said.

The move to force offenders to be in court follows recent high-profile trials in which those convicted refused to hear their sentence and statements from the victims' families.

They included nurse Lucy Letby, who declined to attend court last week when she was jailed for life for murdering seven babies and attempting to kill six other infants who were in her care.

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Under the proposed sentencing reforms – to apply in England and Wales – judges will have the discretionary power to order criminals to attend sentencing hearings.

The ministry says, "A judge will be able to make a decision if the defendant is causing too much distress. In the same way, if a member of public in the court starts causing distress, a judge could ask them to leave."

 

Using 'reasonable force'

The reform will allow custody officers to use "reasonable force" to make an offender appear in the dock or by video link, the justice ministry said.

But what exactly is "reasonable force?"

"It will allow custody officers to use the same levels of force as a prisoner officer could use when moving an inmate from one cell to another. Guidelines on this already exist," the ministry confirmed in a statement to CGTN.

The ministry said a criminal could face an extra two years in prison if they continue to resist attending their sentencing after being ordered to by a judge. This would apply in cases where the maximum sentence is life imprisonment, including serious sexual or violent crimes.

Under the proposed sentencing reforms, judges will have the discretionary power to order criminals to attend sentencing hearings. /UK Ministry of Justice

"It is unacceptable that some of the country's most horrendous criminals have refused to face their victims in court," Prime Minister Rishi Sunak said. "They cannot and should not be allowed to take the coward's way out."

Sunak added that the government would submit proposals to parliament in the coming weeks, calling the move "the right thing to do."

"We are giving judges the power to order vile offenders to attend their sentencing hearings, with those who refuse facing being forced into the dock or spending longer behind bars."

 

'Society's condemnation ringing in their ears'

The government said the legislation to introduce the changes would be set out "in due course."

Lord Chancellor and Secretary of State for Justice, Alex Chalk, said: "Every time a cowardly criminal hides from justice by refusing to appear in the dock for their sentencing it is another insult to their victims and their families.

"Our reforms will give judges the power to order offenders to come to court to hear the impact of their crimes directly from victims, so that they begin their sentences with society's condemnation ringing in their ears.”

However, some lawyers have expressed concern, citing fears that the use of force could cause injury to defendants or staff, and disrupt proceedings.

"Of course some of them will sit there quietly and listen and take it all on board, but there will be people who will come into court in handcuffs shouting and screaming, declaring their innocence, disrupting the proceedings, and it's very difficult to know how a judge is expected to deal with that without making the whole exercise into some sort of circus," former Central Criminal Court of England and Wales Judge Wendy Joseph told UK's Sky News.

 

'Victims to be treated with dignity'

It is important to note that there is precedence for this elsewhere in Europe.

"In Türkiye, criminals under detention are required to attend all hearings including their sentencing," Istanbul-based lawyer Ramazan Donmez told CGTN.

So is the UK moving towards a more victim-focused judicial system? 

The country aims to cement victims' voices at the heart of its justice system following an overhaul of legislation. 

The Victims and Prisoners Bill introduced on March 29, 2023, will fundamentally transform victims' experience of the criminal justice system. Legislation will enshrine the principles of the Victims' Code in law, give ministers powers to direct the inspection of justice agencies that are failing victims, and create better oversight of those agencies.

"We want victims going through the justice system to feel listened to, supported, informed, and to be treated fairly, properly, and with dignity," said Justice Minister Edward Argar.

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