Commons Sense

House of Commons · Ministers' Questions

Sentencing: Offender Attendance

Tuesday 12 September 2023 · 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 2 Partly answered 1 Not answered 0

Key points

  • The Lord Chancellor plans to introduce legislation allowing judges to order offenders to attend sentencing hearings, with penalties for non-compliance.
  • Harrow Crown court closure is being addressed through remedial work and case transfers to other London courts, with an indicative timescale of six to nine months.
  • The Government is working to bring forward appropriate legislation to address offenders' non-attendance at sentencing hearings, prioritizing judicial discretion and measure robustness.

Topics (select to filter)

Questions & Answers

Q1 Gareth Johnson Con
Justice & Courts
Context

There has been a lack of offender presence during sentencing, affecting judicial processes and the perception of justice.

Question

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?

Answer from Edward Argar

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.

Answered
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Q2 Gareth Johnson Con
Justice & Courts
Context

Harrow Crown court closed due to crumbling concrete, causing a backlog in criminal cases and delaying justice for victims.

Question

The closure of Harrow Crown court is preventing victims from seeing justice. Could the Minister provide an update on modernising and reopening the court?

Answer from Edward Argar

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.

Answered
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Q3 Gareth Thomas Labour (Co-op) Harrow West
Justice & Courts
Context

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.

Question

Why is it taking so long for the Government to intervene on behalf of victims and their families regarding offenders attending sentencing hearings?

Answer from Edward Argar

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.

Partly answered

Not addressed: Specific timeline or concrete action plan was not provided

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