More offenders will be covered by extending new powers for Judges to compel them to attend sentencing hearings under amendments to the Criminal Justice Bill.
New government amendments approved by MPs in the House of Commons on Wednesdayl extend proposed powers to force offenders to appear in the dock from only those offences where a life sentence could, or must, be imposed so that it now covers serious offences that are punishable with imprisonment for 14 years or more.
Lowering the threshold for the availability of this new power follows lobbying by James Wild MP for North West Norfolk who in the House of Commons called on the Lord Chancellor to widen the scope of the power in at the Second Reading of the Criminal Justice Bill in November and during the Sentencing Bill Second Reading in December 2023 and then met with the Sentencing Minister to make the case for change.
James has consistently campaigned for judges to be given these new powers and his desire to see it extended was based on a constituency case where an offender sentenced for sexual of assault of a child under 13 refused to attend the sentencing hearing at Norwich Crown Court. Under the original drafting in the Bill that and other serious offences would not have been covered meaning offenders could still hide from victims and families rather than having to face them in open court.
Commenting on the amendments, James said:
“It is vital for public confidence that justice is seen to be done and I have campaigned to ensure that means offenders being in the dock as they are sentenced. I am very pleased the Lord Chancellor listened and brought forward these changes so more offenders convicted of serious crimes will not be able to hide away in their cells. That abuses victims and their families again and this legislation will give judges powers to stop it or impose longer sentences.”
The measures in the Criminal Justice Bill will create a new power for judges to order an offender to attend their hearings and make it clear – in law – that force can be used to make sure this happens. If a criminal continues to resist attending their sentencing hearing despite a judge’s order, they will face an extra 2 years behind bars."
NOTES
- Amendments tabled to the Bill
Secretary James Cleverly Gov Amendment 148
Secretary Alex Chalk
Clause 28, page 33, line 30, leave out “an offence in respect of which a life sentence must, or may, be passed,” and insert “a serious offence,”
Member's explanatory statement
This amendment and amendments 149 and 150 lower the threshold for the availability of the new power to order an offender to attend a sentencing hearing so that it applies in relation to offences that are punishable with imprisonment for 14 years or more.
- Criminal Justice Bill, Second Reading, 28 November 2023
James Wild MP:
“Turning to some of the specifics in the Bill, I particularly welcome the new power in clause 22 to allow judges to compel offenders to attend sentencing hearings, rather than their hiding away in their cells to avoid victims or their families and the powerful victim statements that are made. That abuses the victims and their families all over again. This is something that I supported and campaigned for after a case in my North West Norfolk constituency where an offender refused to attend the sentencing hearing when he was found guilty of sexual assault of a girl under the age of 13, and of intimidating a witness. Indeed, he failed to attend most of the trial.
The explicit statement that reasonable force can be used by the police and escort officer staff will ensure that the power to make defendants appear in court is very clear. However, as it is currently drafted, that provision applies only to offenders awaiting sentencing for an offence for which a life sentence must or may be imposed. That would not address the case from my constituency, as the maximum sentence for that sexual offence was 14 years. Abusing a child is an incredibly serious offence. I therefore urge the Minister and the Home Secretary to look at the provision again and expand the range of offences to which it applies, because it is important for all victims that offenders face justice. It is important that there is punishment if the requirement is breached and that, where the new power cannot be used—for example, if someone is so violent or disruptive that it is not possible—there will be an additional custodial sentence of up to two years. I fully support that.”
- Sentencing Bill, Second Reading, 6 December 2023
James Wild MP:
All the offences in clause 2 have a maximum life sentence, so the proposed new power to require offenders to attend sentencing hearings would apply. However, will my right hon. and learned Friend look at extending that power? It would not cover other serious crimes, including serious sexual offences such as the sexual assault of a child under 13, as happened in a case in my constituency, where the offender hid in his cell. He would not be compelled to come to sentencing under the powers we are proposing.
Rt Hon Alex Chalk MP, Lord Chancellor:
I pay tribute to my hon. Friend for raising that appalling case.
On my hon. Friend’s separate point about attendance, we are very clear, following the cases of Lucy Letby and others, that it is a grievous affront to victims and families for defendants who have been convicted, after a fair trial, not to face the music, in simple terms. They need to be there in front of the court so that they can hear society’s condemnation expressed through the sentencing remarks of the judge, and so that the peace that has been denied their victims should be denied them as well. They need to understand that condemnation. My hon. Friend raises an interesting point about the scope of the requirement for people to attend court; it is a fair one and we should certainly discuss that.”
4. Criminal Justice Bill Report Stage 15 May 2024
Laura Farris MP, Safeguarding Minister:
We are already creating an express statutory power at clause 28 to compel an offender to attend the sentencing hearing if they have been convicted of a crime for which the maximum sentence is life, but we have also listened to those concerned about offences that might not be caught by that power. I confirm that the Government has tabled amendments 148 to 150 to extend the measure to all offences that might attract a maximum sentence of 14 years or more.
James Wild MP:
I am grateful to the Lord Chancellor, the Minister and other Ministers for listening to the case I made on Second Reading for extending the power. I had a case in my constituency where an offender was convicted of sexually assaulting a child under 13, which carries a 14-year sentence. They hid away in their cell and did not come to court. Under the original provisions, they would not have been captured, but under these amendments they will be, and I welcome that.
Laura Farris MP, Safeguarding Minister:
I thank my hon. Friend, because the speech he gave on Second Reading played a major role in the changes we are introducing today. I reassure him that the change brings into scope most sexual assault cases, terrorist cases and racially aggravated offences, and I confirm to him that the specific case he raised on Second Reading would have been brought into scope by the change for which he has campaigned. I remind the House that the sanction for non-attendance at a sentencing hearing is up to a maximum of another two years in custody.
