Crimeupdated 50m ago3 min read
England And Wales Judges Can Keep Offenders In Cells Up To Three Weeks For Skipping Sentencing
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Judges gain power to order attendance; offenders skipping sentencing can be confined to three weeks. Restrictions include loss of social visits and other privileges.
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New penalties for non-attendance
The Ministry of Justice announced that judges in England and Wales will get stronger powers to punish convicted offenders who refuse to attend sentencing, including keeping them in their cells for weeks on end. Prisons Minister Catherine McKinnell said, "Criminals should not be able to pick and choose when they face justice," and she added that refusing to turn up is "an insult to victims and their families". The rules are due to come into effect next year and they build on an existing law that orders criminals to attend sentencing or face being fined or jailed for another two years for contempt of court.
“Loss of prison privileges for almost three months (84 days).”
The new measures allow confinement to cells for up to three weeks, social visits to be banned for nearly a month, and prison privileges to be revoked for longer. Judges can also restrict social visits further to once every four weeks for almost three months for criminals who refuse to attend sentencing, while visits from prisoners' children will be exempt.
How the sanctions work
Joshua Rozenberg described how Section 1 of the Victims and Courts Act 2026 would allow judges to order an offender’s attendance at a sentencing hearing in the crown court. Rozenberg said the act also provides that custody officers may enforce the court’s order, using reasonable force if necessary and proportionate, "for the purpose of delivering the offender to the courtroom". Rozenberg reported that an offender who fails to comply with an attendance order without reasonable excuse commits a criminal contempt of court, punishable by up to two years’ imprisonment.
Rozenberg added that the court can make a prison sanctions order if an offender fails to comply or is removed from the hearing for misbehaving, and the sanctions must correspond to punishments a governor can impose under prison rules. The Ministry of Justice said the sanctions will include loss of prison privileges for 84 days, cellular confinement for up to 21 days, loss of social visits for 27 days, and restrictions on social visits to once every four weeks for 84 days.
Victims, evidence, and impact
Victims’ Commissioner for England and Wales Claire Waxman OBE said the announcement follows "tireless efforts of victims' families" and that it is "essential" the powers are used consistently so families receive the justice and accountability they deserve. Pia Sinha, the CEO of Prison Reform Trust, called for evidence that sanctions will increase attendance and warned the measures will punish relatives of prisoners who "have committed no offence themselves". The government said no measure can guarantee prisoners attend their sentencing hearing, but it said the powers strengthen consequences for offenders who refuse to comply with a court order.
The Telegraph said the crackdown is enacted through new regulations in Parliament and described the sanctions as including solitary confinement for up to three weeks, loss of prison privileges for almost three months, and loss of social visits for nearly a month. The rules are also set to apply to those removed from their sentencing hearing for disruptive behaviour, and the government said visits from prisoners’ children will be exempt to support children of prisoners where safe and appropriate.