Should convicted defendants be made to attend their sentencing hearing the crown court? Implications of R v Letby part 1

Yes it would seem so. 

Offenders should be held accountable for their crimes, right down to the final moment.  

Judges will be able to order criminals to attend their sentencing hearing and face up to two extra years in prison if they fail to do so. This change means victims will be able to read their impact statement to the offender, rather than an empty dock.  

This new penalty will apply in cases where the maximum sentence is life imprisonment, including serious sexual or violent crimes like murder, rape, and grievous bodily harm with intent. 

Read more: https://lnkd.in/eW3V7-vC

• new power for judges to order offenders to attend sentencing hearings
• offenders who refuse could be forced into the dock by prison staff or receive an extra 2 years in prison
• announcement comes on the back of a number of vile criminals refusing to face their victims in court

The reforms announced today (Wednesday 30 August) 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.

The power of custody officers to use reasonable force to make criminals appear in the dock or via video link will also be enshrined in law, meaning every effort will be made for victims and their families to see justice delivered.

If a criminal continues to resist attending their sentencing despite a judge’s order, they will face an extra 2 years behind bars. This new penalty will apply in cases where the maximum sentence is life imprisonment, including serious sexual or violent crimes like murder, rape, and grievous bodily harm with intent.

The change will mean victims can look offenders in the eye and tell them of the devastating consequences of their crime as they read out their impact statement, rather than addressing an empty dock.

Prime Minister Rishi Sunak said:

It is unacceptable that some of the country’s most horrendous criminals have refused to face their victims in court. They cannot and should not be allowed to take the coward’s way out.

That’s why we are giving judges the power to order vile offenders to attend their sentencing hearings, with those who refuse facing being forced into the dock or spending longer behind bars.

Lord Chancellor and Secretary of State for Justice, Alex Chalk KC, said:

Every time a cowardly criminal hides from justice by refusing to appear in the dock for their sentencing it is another insult to their victims and their families.

Our reforms will give judges the power to order offenders to come to court to hear the impact of their crimes directly from victims, so that they begin their sentences with society’s condemnation ringing in their ears.

Why the change? 

The change in the law follows the tireless campaigning of Farah Naz and Cheryl Korbel, alongside others like Ayse Hussein and Jebina Islam all of whom were denied the opportunity to see their loved ones’ killers face justice.

In August last year, Thomas Cashman shot dead 9-year-old Olivia Pratt-Korbel, the daughter of Cheryl Korbel, in her own home and callously chose not to hear the impact her death had on her family at his sentencing.

In June the same year, Jordan McSweeney sexually assaulted and murdered Zara Aleena but decided he could not bear to listen to the details of his crime being repeated in court.

Judges will have the discretion to use these new powers as they see fit to ensure justice is done. This could include not ordering offenders to attend in cases where it is expected that they will cause significant disruption which would distress victims and their families.

Legislation a law to introduce these changes will be set out in due course.

Notably It will remain for judges to decide whether it is in the interests of justice to order an offender to attend court and for prison staff and custody officers to decide whether the use of force is reasonable and proportionate in each case.

https://t.co/FB5Q4nsR7i

Some contrary views suggest that this isn't going to do anything. Letby knew she faced a whole life sentence i.e. was going to die in prison. "Adding years" onto that sentence wouldn't incentivise her to attend. There are already powers to hold Defendants in contempt when they don't attend.

Other issues re the new law include the following;

- the judicial powers being given that dock officers can use "reasonable force" 

- the safety implications and physical risk towards dock officers when using "reasonable force" to bring criminals into the dock

- upsetting the families of victims who are looking for closure, especially if the defendant is disruptive to the process

- adding 2 more years to a sentence might not be an incentive to criminals being handed down a life sentence

- concerns have been raised about whether this is a government diversion from other actual issues being faced by the criminal justice system i.e. court backlogs are at their highest number since Covid

Whatever the reasons for this new legistlation, eagerly Awaiting the next stage of this new law pans out.

This topic will be discussed in the law and guidance podcast coming up with a guest.