Judges in England and Wales will soon have expanded powers to punish criminals who refuse to attend their sentencing hearings. The new measures, set to take effect next year, allow judges to impose up to three weeks in solitary confinement, ban social visits for nearly a month, and revoke prison privileges for extended periods. The Ministry of Justice states the changes are intended to compel offenders to face victims and their families, acknowledging that increased prison time alone has proven ineffective as a deterrent. The move follows repeated instances of offenders, including the murderers of Zara Aleena, Sabina Nessa, Jan Mustafa, and Olivia Pratt-Korbel, refusing to appear for sentencing, leaving victims’ families feeling a sense of incomplete justice.
Farah Naz, aunt of Zara Aleena, stated that her niece’s murderer refusing to attend court “left a sense that justice was not quite complete,” and that the family hoped he would understand the impact of his actions by hearing their victim impact statement. She believes the new sanctions will “rebalance the power in the justice system from offender to victim.” Victims' Commissioner for England and Wales, Claire Waxman, said the announcement follows “tireless efforts of victims’ families” who object to offenders “opting out of facing justice” and that consistent application of the powers is “essential.”
However, Pia Sinha, CEO of Prison Reform Trust, has called for evidence that the sanctions will increase attendance and warned they will punish relatives of prisoners who “have committed no offence themselves.” The measures will not apply to visits from prisoners’ children. One case cited was Axel Rudakubana, sentenced to at least 52 years for murder after refusing to enter the courtroom and being removed from the dock; judges will now be able to impose similar sanctions. The powers will also apply to those aged 18-20 held in Young Offender Institutions, but for shorter durations.
Our reading is that the new sentencing measures represent a shift in focus within the criminal justice system, prioritizing the needs and experiences of victims and their families. The stated rationale, that increased prison time alone is ineffective, suggests a move beyond purely punitive approaches, and an attempt to create a more meaningful sense of closure for those affected by crime. While presented as a means of compelling attendance, the sanctions appear designed to exert additional pressure on offenders, acknowledging the power imbalance highlighted by Zara Aleena’s aunt.
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