Sentencing Offender Attendance 2023-09-12
2023-09-12
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Questions & Answers
Q1
Direct Answer
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Context
There has been a lack of offender presence during sentencing, affecting judicial processes and the perception of justice.
What steps is his Department taking to help ensure that offenders attend their sentencing? I am concerned about offenders not attending sentencing hearings which undermines justice. In 2014, Colin Ash-Smith was convicted for murdering Claire Tiltman in Dartford but refused to attend his sentencing hearing. How will the proposed changes enable judges to hear representations from prosecution and defence before compelling attendance?
The Lord Chancellor intends to legislate soon, enabling judges to order offenders to attend court for sentencing. Reasonable force can be used to compel attendance, and refusal can result in up to two years custody. Each case will have judicial discretion based on full circumstances including representations from prosecution or defence.
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Q2
Direct Answer
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Harrow Crown court closed due to crumbling concrete, causing a backlog in criminal cases and delaying justice for victims.
The closure of Harrow Crown court is preventing victims from seeing justice. Could the Minister provide an update on modernising and reopening the court?
Harrow Crown court closure is being addressed with remedial work underway, transferring cases to other London courts. The indicative timescale for completion of the works is six to nine months.
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Q3
Partial Answer
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Labour proposed law changes in 2022 for mandatory offender presence during sentencing, and the Leader of the Opposition recently reiterated this stance. The government has not acted swiftly.
Why is it taking so long for the Government to intervene on behalf of victims and their families regarding offenders attending sentencing hearings?
The Department is clear on its intention to bring forward appropriate legislation, but it needs time to ensure judicial discretion and robustness of the measure. We are determined to get this right for victims and families.
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Assessment & feedback
Specific timeline or concrete action plan was not provided
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