Judges to get powers to punish offenders who refuse to attend sentencing

Crown Court judges will get new powers over offenders who refuse to attend sentencing and face their victims' families. The Ministry of Justice announced the change on 22 October 2026.

What the sanctions are

The rules have been laid before Parliament. A judge will be able to impose one or more of the following:

• loss of prison privileges for 84 days,
• confinement to a cell for up to 21 days,
• loss of social visits for 27 days,
• social visits restricted to one every four weeks, for 84 days.

For offenders aged 18 to 20 held in Young Offender Institutions, the limits are lower: up to 21 days without privileges or up to 10 days in a cell.

Visits from prisoners' children are exempt from the restrictions. The ministry says this is to help maintain family ties where it is safe and in the child's best interests.

The new sanctions can be imposed instead of, or in addition to, other penalties available to the court. They will also apply to offenders who attend sentencing but are removed from court for disruptive behaviour.

Why the change

At present, refusing to attend sentencing can lead to a fine or up to two years' additional imprisonment for contempt of court. The government has already changed the law so that judges can order offenders to attend court. The ministry accepts, however, that such penalties offer little deterrent to murderers already facing many years in prison. As examples of people who refused to appear in court, it named Thomas Cashman and Jordan McSweeney. It says they could have faced extra punishment had the new rules been in place.

Prisons Minister Catherine McKinnell said offenders should not be able to pick and choose when they face justice. The Victims' Commissioner for England and Wales, Claire Waxman, said the change results from campaigning by victims' families. She added that courts and prisons must use the powers consistently.

When it takes effect

According to the government, the rules will come into force next year, once they have completed the usual parliamentary process. The ministry stresses that no measure can guarantee a prisoner attends a hearing. The aim is to strengthen the consequences of refusing to comply with a court order.

What this means for people in the UK

The change does not directly affect most people's daily lives. However, if you are close to the victim of a crime, or involved in a trial in England and Wales, the new rules are meant to give more weight to the offender's presence at sentencing. The government has not said how the change affects any particular national group.