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Mandatory Attendance for UK Criminal Sentencing

In a move to ensure accountability and fairness in the justice system, the UK Ministry of Justice has announced potential legislative changes that would grant judges the authority to require criminals to attend their own sentencing hearings. This initiative, applicable to England and Wales, aims to address instances where offenders, including those involved in high-profile cases, have avoided being present in court during sentencing.

The proposal suggests that judges could use their discretion to order the presence of offenders at sentencing proceedings. Custody officers would be authorized to employ “reasonable force” if necessary, either to physically bring the criminals to court or facilitate their participation through video links. This effort is aimed at providing victims and their families with the opportunity to witness justice being served.

For those who persistently resist attending their sentencing hearings despite a judge’s order, the proposed legislation includes a penalty of up to two additional years in prison, particularly in cases where life imprisonment is the maximum sentence. This extra penalty would apply in situations where offenders have minimum terms to serve before parole consideration.

Prime Minister Rishi Sunak voiced his support for the initiative, stating, “It is unacceptable that some of the country’s most horrendous criminals have refused to face their victims in court. They cannot and should not be allowed to take the coward’s way out.”

However, some legal professionals have raised concerns about mandating attendance for sentencing. Worries include the potential for forceful actions leading to injury of defendants or court staff, as well as disruptions to court proceedings.

The proposed legislation follows the government’s recent announcement of plans to introduce more “whole-life orders” for the most serious offenders, as part of broader efforts to bolster the criminal justice system.

While the specific timeline for introducing the legislation remains unspecified, the Ministry of Justice has stated that it will be outlined “in due course.” The initiative highlights a commitment to enhancing transparency and accountability within the legal framework.

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