The Ministry of Justice has set out a further change to the sentencing attendance regime, saying Crown Court judges will be able to order prison sanctions when an offender refuses to attend a sentencing hearing after being required to do so, or is removed for disruptive behaviour. Ministers said the sanctions will include loss of privileges, limits on visits and cellular confinement, with the measures due to take effect next year if Parliament approves the regulations. (gov.uk)
The proposal builds on the attendance powers created by the Victims and Courts Act 2026. Under section 41A of the Sentencing Code, the Crown Court may order an offender in custody to attend sentence, and prison or escort staff may use reasonable force where necessary and proportionate to bring an adult offender to the courtroom. Failure without reasonable excuse is criminal contempt of court, and GOV.UK guidance says contempt can lead to a fine, up to two years' imprisonment, or both. (legislation.gov.uk)
The policy answer is aimed at a gap ministers say remained after that earlier reform. The Ministry of Justice argues that an extra contempt sentence may carry limited weight for offenders already facing very long terms, so the new model reaches daily prison conditions instead: up to 84 days' loss of privileges, up to 21 days' cellular confinement, up to 27 days without social visits, or visits restricted to once every 28 days for up to 84 days. (gov.uk)
The power is narrower than a general court sanction for poor conduct. Under section 41B, it only arises where a Crown Court attendance order has been made, the offender is at least 18 at the time of the contempt, and the person is sentenced to imprisonment or detention for the offence or committed for the contempt. The same provision also covers offenders who reach court but are removed after interrupting the hearing or otherwise misbehaving. (legislation.gov.uk)
For offenders aged 18 to 20 who are held in young offender institutions, ministers said the court will be able to remove privileges for up to 21 days or order cellular confinement for up to 10 days, reflecting the lower disciplinary maxima in the YOI rules. Ministers have also said visits from a prisoner's children will be exempt from the new visit sanctions; under the Prison Rules, that protection also extends to the accompanying adult and applies only to social visits, not professional or official contact. (gov.uk)
For judges, the effect is an added enforcement tool beyond a longer contempt term. For prisons, the reform would create a court-directed route into sanctions that mirror punishments already used for internal discipline rather than a separate punishment code. The Act also leaves room for regulations to shape how those orders take effect and to give governors discretion in their administration, so the operational detail will matter as much as the headline power. (legislation.gov.uk)
For victims' families, the change is intended to protect one of the few public moments of accountability in the criminal process. Victims' Commissioner Claire Waxman said the announcement followed sustained campaigning by families connected to the Sabina Nessa, Zara Aleena, Jan Mustafa and Olivia Pratt-Korbel cases, and that the new powers will need to be used consistently by courts and prisons. The regime is not yet live: the Ministry of Justice said the measures will start next year after the parliamentary process, and section 1 of the Victims and Courts Act 2026 still requires commencement by regulations. (gov.uk)