Criminals who ‘shatter families’ will be forced to attend sentencing
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Offenders whose crimes “shatter families” will be forced by law to attend their sentencing, the Justice Secretary has pledged.
Alex Chalk told MPs that the Government was “committed” to bringing forward legislation aimed at preventing convicted criminals from refusing to appear in court when the details of their sentence are announced.
It follows the refusal to appear by the killers of nine-year-old Olivia Pratt-Korbel, aspiring lawyer Zara Aleena and primary school teacher Sabina Nessa.
It is understood that the Government plans to introduce a new law before the next election, expected in 2024, that would either allow the use of force to compel them to attend or impose an increased jail sentence by making it a potential contempt of court.
‘Offenders who rob innocence’
Mr Chalk said: “I am pleased to be able to say that we are committed to bringing forward legislation to enable offenders to be compelled to attend their sentencing hearing.
“Offenders who rob innocence, betray lives and shatter families should be required to face the consequences of their actions and hear society’s condemnation expressed through the sentencing remarks of the judge.”
Mr Chalk, a successful prosecutor who jailed rapists, extremists and fraudsters, said he was concerned that one defendant refusing to appear could be copied by others, “who take the view that that is somehow a way of getting away from the consequences of their actions”.
“We have seen the anguish caused by these actions, so let me make the point that I want to know that when an offender is sitting in a cell, trying to get to sleep when the rest of the world is getting to sleep, the judge’s words of condemnation are ringing in their ears,” said Mr Chalk.
“There are victims who find it hard to ever recover, so why should that defendant ever be able to sleep soundly in their bed?”
Dominic Raab, the previous justice secretary, had previously committed to preventing those convicted of the most serious crimes from refusing to appear at their sentencing.
Labour is calling for Mr Chalk to act “urgently”, and campaigners are pressing the Government to present options for legal changes before the end of the current parliamentary session in the autumn.
One option being considered is to change the law to create a legal obligation on a defendant to appear for their sentencing.
A new legal duty would provide court and prison officials with the legal protection they needed if they had to use force in order to bring a convicted criminal to face justice in the dock.
The move could also provide a legal basis for judges to increase the sentence of a killer by treating their refusal to attend court as an aggravating factor.
One concern is that forcing a convicted offender into the dock could further disrupt proceedings, upsetting a victim’s family further.
Thomas Cashman was handed life imprisonment with a minimum term of 42 years for fatally shooting Olivia at her home in Dovecot, Liverpool, while pursuing a fellow drug dealer.
Sex attacker Jordan McSweeney, who murdered 35-year-old law graduate Ms Aleena as she walked home in Ilford, east London, was jailed for life with a minimum term of 38 years.
Koci Selamaj received life with at least 36 years for murdering primary school teacher Ms Nessa after travelling to London to carry out an attack on a random woman.
Each of the men refused to appear in court for sentencing, with the judgments being handed down in their absence.
Olivia’s mother, Cheryl Korbel, has called for the law to be changed to ensure criminals are in court for sentencing, saying Cashman’s absence was “like a kick in the teeth”.
Zara Aleena’s aunt, Farah Naz, has called for murderers to have their jail terms extended if they do not listen to victim impact statements.
She said that “the judgment is part of the punishment” and “if they’re just moving from cell to cell there’s no sense of punishment.”
London’s Victims Commissioner, Claire Waxman, said: “Convicted criminals must be made to face their sentencing in court, and I have been working with victims’ families, the Judiciary, and Government to bring forward this much needed change.
“Whilst this is an important step in ensuring we have a justice system that delivers full justice for victims, the government need to now include this legislation in the Victims and Prisoners Bill, so that this commitment is delivered as quickly as possible and ensures that going forward, victims and their loved ones can feel that justice has been delivered and can start their journey towards some sense of closure.”
