Offenders who refuse sentencing face cell confinement, lost visits
Judges will also be able to remove prison privileges for almost three months, with visits from prisoners’ children exempt.
Crown Court judges will be able to confine offenders to their cells for up to 21 days and restrict their social visits if they refuse to attend sentencing, the Ministry of Justice has announced.
The new rules were laid before Parliament on 22 October and are due to come into effect in 2027, after the regulations have been through the usual parliamentary process.
Catherine McKinnell, the Minister for Prisons, Probation and Reducing Reoffending, said: “Refusing to turn up to sentencing is an insult to victims and their families, and offenders must face the consequences.”
The ministry said the government has already changed the law so that offenders who refuse to attend sentencing can face a fine or up to two years’ additional imprisonment for contempt of court. But for murderers already facing decades behind bars, it said, this can offer little deterrent.
Under the new rules, judges will be able to impose a range of sanctions, including:
- Loss of prison privileges for almost three months (84 days)
- Cellular confinement for up to three weeks (21 days)
- Loss of social visits for nearly a month (27 days)
- Restrictions on social visits to once every four weeks, for almost three months (84 days)
For offenders aged 18 to 20 held in Young Offender Institutions, judges will be able to remove privileges for up to 21 days or impose cellular confinement for up to 10 days. Visits from prisoners’ children will be exempt, to help maintain family ties where that is safe, appropriate and in the child’s best interests.
The sanctions can be imposed instead of, or in addition to, other penalties available to the court. The powers also cover offenders who attend sentencing but are removed from court for disruptive behaviour.
The ministry said no measure can guarantee that prisoners attend their sentencing hearing, but the powers strengthen the consequences for those who refuse to comply with a court order.
Claire Waxman OBE, the Victims’ Commissioner for England and Wales, said: “It is now essential that these powers are used consistently by courts and prisons, so families receive the justice and accountability they deserve.”
