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Proposed UK Law Mandating Offenders' Attendance at Sentencing Raises Concerns

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【Summary】UK ministers have been warned about the challenges of implementing proposed legislation that would give judges the power to order offenders to attend their sentencing hearings. While some victims and campaigners support the idea, others caution that it could cause distress for grieving families. The legislation aims to ensure that serious offenders cannot refuse to face their victims in court.

FutureCar Staff    Aug 30, 2023 10:19 AM PT
Proposed UK Law Mandating Offenders' Attendance at Sentencing Raises Concerns

UK ministers have been warned that implementing plans to give judges the power to order offenders to attend sentencing hearings may be challenging. While some victims and campaigners support the government's promise of new legislation to compel serious offenders to attend their sentencing, others caution that it could cause further distress for grieving families. British Prime Minister Rishi Sunak, who met with Cheryl Korbel, the mother of shooting victim Olivia Pratt-Korbel, expressed his disapproval of criminals refusing to face their victims.

Cheryl Korbel has been campaigning for a change in the law after Thomas Cashman, who shot Olivia after chasing a fellow drug dealer into her home, refused to appear in court during his sentencing. The government had previously committed to changing the law following the refusal of Olivia's killers, as well as the killers of Zara Aleena and Sabina Nessa, to stand in the dock. The proposed reforms would grant custody officers the power to use "reasonable force" to ensure that individuals awaiting sentencing appear in court or via video link.

If offenders continue to ignore a judge's order and refuse to attend court, they could face an additional two years in jail, with the penalty applicable in cases where the maximum sentence is life imprisonment. The issue of offenders refusing to appear for sentencing gained attention when child murderer Lucy Letby also refused to attend her own sentencing. Cheryl Korbel expressed her hope that Olivia would be proud of their efforts to bring about change and emphasized that it was not only for Olivia's sake but for all families who have experienced similar situations.

However, Bryn Hughes, the father of a murdered police officer, cautioned against a hasty response, describing it as a "knee-jerk, headline-grabbing" reaction. Hughes, who has experience both as the father of a murder victim and as a former prison officer, highlighted the difficult behavior exhibited by prisoners when forced into courtrooms. He expressed concerns about the practical challenges of physically restraining individuals and the potential for disruptive and abusive behavior. Hughes warned against dragging offenders into the dock, as it could lead to further distress for the victims' families.

The Labour party accused the Conservatives of delaying action on this issue, stating that ministers had made promises on four separate occasions over the past 18 months. The Ministry of Justice clarified that judges would have discretion in deciding whether it is in the "interests of justice" to order an offender to attend court. The exact timeline for the legislation has not been provided, but it is expected to be introduced in the new session of Parliament in the autumn.

Overall, the government's proposal to give judges the power to order offenders to attend sentencing hearings has received mixed reactions. While some see it as a necessary step to ensure accountability, others raise concerns about the practicality and potential negative impact on victims' families.

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