Judges in England and Wales will gain expanded authority to enforce prison penalties against offenders who refuse to attend sentencing hearings, according to BBC News. The new enforcement measures, set to launch next year, will allow courts to impose cellular confinement lasting up to three weeks, suspend social visits for nearly a month, and revoke prison privileges for extended periods. These sanctions build on existing legislation that already permits courts to fine or impose additional jail time of up to two years for contempt of court when offenders decline to appear.
The initiative represents an escalation in efforts to compel those convicted of serious crimes to face their victims and their families during sentencing proceedings. The Ministry of Justice has determined that lengthening sentences alone proves insufficient to deter offenders already incarcerated from avoiding court appearances. According to government guidance, the sanctions may also apply when an offender attends sentencing but is removed for disruptive conduct; they may be imposed instead of or alongside other penalties.
Prisons Minister Catherine McKinnell emphasised the rationale behind the policy.
Criminals should not be able to pick and choose when they face justice,she stated.
Refusing to turn up to sentencing is an insult to victims and their families, and offenders must face the consequences.
What are the specific penalties?
The new framework establishes clear maximum sanctions that judges may impose. According to government sources, offenders can be confined to cells for up to 21 days, lose prison privileges for up to 84 days, have social visits suspended for up to 27 days, or have visits restricted to once every four weeks for up to 84 days. For offenders aged 18 to 20 held in young offender institutions, the maximum penalties are more limited: up to 21 days without privileges or 10 days of cellular confinement.
One critical protection remains in place: visits from prisoners' children will be exempt from these new sanctions, ensuring that parent-child relationships are not severed as a consequence of an offender's refusal to attend sentencing.
How will this affect families of victims?
Victims' Commissioner for England and Wales Claire Waxman OBE welcomed the announcement as a response to sustained advocacy by families of murdered individuals.
This follows tireless efforts of victims' families not accepting offenders simply opting out of facing justice,she said, adding that it was
essential the powers are used consistently by courts and prisons, so families receive the justice and accountability they deserve.
The policy has been shaped by cases where high-profile killers avoided court appearances. The families of murdered primary school teacher Sabina Nessa, law graduate Zara Aleena, and mother-of-three Jan Mustafa have all campaigned for legal changes after their loved ones' killers refused to attend sentencing. Thomas Cashman, the gunman responsible for the death of nine-year-old Olivia Pratt-Korbel, and Kyle Clifford, who carried out a triple crossbow and knife attack, similarly declined to face their sentences in court.
What are the concerns about the new measures?
Prison Reform Trust chief executive Pia Sinha has raised objections to the approach. She has called for evidence demonstrating that sanctions will genuinely increase attendance rates and warned that the measures will penalise relatives of prisoners who have themselves committed no offence. Her concern reflects a broader debate about whether punitive measures targeting incarcerated individuals effectively change behaviour or instead inflict collateral damage on their families.
What is the legal background?
The Victims and Courts Act 2026, passed in April, established the foundation for these enforcement mechanisms. According to legal analysis, section 1 of that legislation provides for Crown Court judges to order an offender to attend sentencing, and custody officers are authorised to use reasonable and proportionate force to bring an offender to the courtroom under an attendance order.
When will these measures take effect?
The regulations governing these sanctions were laid before Parliament on 22 October 2026 and are expected to take effect next year, following completion of the parliamentary approval process. This timeline allows courts and prisons time to prepare systems and staff training before implementation begins.
