Cowardly criminals forced to face victims under flagship Bill

For the first time ever, judges will be able to hand down prison punishments for cowardly criminals who refuse to attend their sentencing hearing.

The powers of the Victims’ Commissioner will also be strengthened, empowering them to play a greater role in individual cases and requiring them to produce an independent report on compliance with the Victims’ Code.

Lord Chancellor and Secretary of State for Justice Shabana Mahmood said:

This Bill will deliver long overdue reforms to ensure victims see justice done and are given the vital support they need as they rebuild their lives.

There is still more work to do as we fix a justice system that was left on the brink of collapse, but this Bill is a step towards rebuilding victims’ confidence through our Plan for Change.

Measures in the Bill to force offenders to attend their sentencing will go further than ever before. In recognition that those facing long sentences or Whole Life Orders may not be deterred solely by additional time behind bars, this government is going further and giving judges the power to impose a range of prison sanctions on top of additional years on their sentence to ensure heinous criminals who refuse to attend can be appropriately punished. 

The Bill also extends the eligibility to all cases in the Crown Court, meaning that all offenders who attempt to evade justice could be subject to tough sanctions – such as confinement to their cell and loss of privileges, like extra time in the gym – as well as up to two more years behind bars.

Offenders who have been ordered to attend by a judge but whose disruptive and disrespectful behaviour results in their removal from the courtroom will also be punishable by the same means.

Minister Davies-Jones said:

I would like to thank the remarkable families of Olivia Pratt-Korbel, Jan Mustafa, Sabina Nessa and Zara Aleena and countless others who   have campaigned tirelessly for offenders to have to face the reality of their crimes by attending their sentencing.

Justice isn’t optional – we’ll make sure criminals face their victims. 

The Bill will also provide greater protection to victims by automatically restricting parental responsibility for vile offenders sentenced for a serious sexual abuse offence against their own child.

Predatory parents will be prevented from actively taking steps in the child’s life, including requesting updates about the child’s schooling or seeking to interfere with their activities, better enabling the family to move forwards with their lives.

London’s Independent Victims’ Commissioner, Claire Waxman OBE, said:

For too long, offenders found guilty of some of the most heinous crimes have refused to attend sentencing hearings and face justice, their victims, and their victims’ families.

I have worked closely with Jebina Islam, Farah Naz, and Ayse Hussein in spearheading this campaign and I want to pay tribute to their tireless campaigning, and also thank the family of Olivia Pratt-Korbel, who have fought so hard for this. Over the last few years, I have met with Ministers, the Judiciary, and justice partners to help shape these proposals to ensure they meet the needs of victims. I am pleased this Government has listened and acted on our concerns and have included other measures, such as prison sanctions, which I hope will put an end to this cruel injustice.

This Bill will also bring in other important reforms I have long called for, such as measures to remove parental responsibility from convicted child sex offenders, to ensure these victims are better protected, and new powers to strengthen the vital work of the Victims’ Commissioner. These are all welcome changes and I’ll continue to do everything I can to ensure victims’ and survivors’ voices and experiences are at the heart of criminal justice reform.

To ensure the government and other agencies are held to account in delivering for victims, the Bill also bolsters the role of the Victims’ Commissioner. Under the new legislation, the Commissioner will be able to play a greater role in individual cases which raise systemic issues ensuring lessons are learned to benefit other victims or witnesses.

The Victims’ Commissioner for England and Wales, Baroness Newlove, said:

These important and welcome reforms give the Victims’ Commissioner the statutory powers needed to deliver on the role’s promise: championing victims’ rights, scrutinising compliance with the Victims’ Code, holding agencies to account, and spotlighting the true victim experience to drive meaningful change. This marks a step towards a more accountable system that puts victims first.

Crucially, it introduces much-needed oversight and accountability to how agencies respond to anti-social behaviour – an area where victims have too often felt unheard and unsupported.

Taken together, the Bill delivers on multiple manifesto commitments and the Government’s Plan for Change – giving victims greater confidence in the justice system.

Further information

The Commissioner will also be required to produce an independent report on compliance with the Victims’ Code, holding agencies to account on their statutory requirement to comply with the Code. Providing independent scrutiny from a victim-focused perspective and calling out agencies who are not fulfilling their duty will ensure victims are aware of their rights, improving their experience of the justice system.

Further measures within the Bill include:

• Updating the Victim Contact Scheme and establishing a new Victim Helpline so victims have a clear route to request information about an offender’s release
• Placing a duty on local authorities and social housing providers to co-operate with the Victims’ Commissioner in relation to victims ASB
• Increased flexibility for the Director of Public Prosecutions in appointing Crown Prosecutors
• Lord Chancellor can now prescribe, through Regulations, rates at which private prosecutors may recover their costs from Central Funds
• Increased time limit for the Attorney General to refer a sentence to the Court of Appeal on the grounds that it is unduly lenient where a request is made to the Attorney General in the last 14 days of the current 28-day time-limit