Commons Sense

House of Commons · Ministers' Questions

Defendants on Remand: Sentencing Hearings

Tuesday 24 May 2022 · 3 questions

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Answered 0 Partly answered 2 Not answered 0

Key points

  • Government can already require defendants held on remand to attend sentence hearings, but cannot force attendance.
  • Government is considering measures to address distress caused to victims and families when defendants do not attend hearings.
  • Labour's call for such measures is noted, but the government emphasizes judicial responsibility and practical effectiveness.

Topics (select to filter)

Questions & Answers

Q1 James Wild Con North West Norfolk
Justice & Courts
Context

Defendants who are not present at their sentencing can cause public anger and upset for victims and their families. There is a need to address this issue.

Question

What plans does the government have to give Crown Court judges the power to require defendants held on remand to attend sentencing hearings in person? It is important for public confidence that justice is seen to be done when serious crimes are committed, and defendants hiding in their cells should face consequences. Could giving judges the power to increase custodial sentences in such circumstances be considered?

Answer from James Cartlidge

The courts can already require defendants held on remand to attend their sentence hearing, but they cannot force them to do so. In cases where a defendant's absence causes distress for victims and families, the government is actively considering what measures could be taken, including making it a statutory aggravating factor if a defendant refuses to appear.

Partly answered

Not addressed: Specific plans or timelines were not provided.

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Q2 James Wild Con North West Norfolk
Crime & Law Enforcement Justice & Courts
Context

Defendants hiding in their cells during sentencing can cause distress for victims and families. The issue has been raised by the government.

Question

It is important that justice is seen to be done when serious crimes are committed, and defendants hiding in their cells should face consequences. Could giving judges the power to increase custodial sentences in such circumstances be considered?

Answer from James Cartlidge

Justice being seen to be done is a key principle. While we agree that a defendant should face their crime, there are circumstances where forcing attendance might cause distress to victims and families. We are looking at options such as making it a statutory aggravating factor if a defendant refuses to attend.

Partly answered

Not addressed: Specific plans or timelines were not provided.

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Q3 Ellie Reeves Lab Lewisham West and East Dulwich
Justice & Courts
Context

Cases where defendants do not appear in court during sentencing have caused further hurt to victims' families. Labour has been calling for action.

Question

When Sabina Nessa's killer did not turn up to court, his actions caused additional distress to her family. Similarly, the hit-and-run driver who stayed in his cell missed hearing victim impact statements from Anisha Vidal-Garner's family. Given Labour has been calling for such measures, why is it taking so long for progress on this issue?

Answer from James Cartlidge

These matters are primarily of judicial responsibility. We ensure that measures we take can work in practice and strike the right balance. The recent Act ensuring serious offenders serve longer sentences was passed, which Labour voted against. This highlights their lack of trust on law and order issues.

Not addressed: Did not address why it is taking so long for progress on compelling criminals to attend court during sentencing.

How: Attacked The Opposition Party'S Record

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