UK Justice Secretary Alex Chalk recently announced new legislation set to be enacted in the UK, which will require criminals to attend their sentencing hearings in court. This move could result in offenders experiencing longer sentences.
This decision has been publicly supported by Prime Minister Rishi Sunak who remarked that “Criminals shouldn’t be allowed to take the coward’s way out by refusing to face their victims in court.”.
However, it’s important to note that the judiciary still retains the discretion to decide whether it would be “in the interests of justice to order an offender to attend court”. Similarly, prison staff and custody officers are given the leeway to conclude whether the use of force is reasonable and proportionate on a case-by-case basis.
The legislation surfaces as UK courts grapple with record delays in case hearings. Chair of the UK Criminal Bar Association, Kirsty Brimelow KC, labeled the new measures as “high risk”, explaining that introducing force escalates risk for those handling prisoners and potentially disrupts proceedings, which could add to the distress of involved families. Her statement can be read in full on the UK Criminal Bar Association’s Twitter account.
Currently, the backlog experienced by the UK courts is estimated to be about 64,000 cases.
More detailed information regarding this judicial development can be found at JURIST – News.