Calls for change in law to compel offenders to appear in court for sentencing
It's after Olivia Pratt-Korbel's killer, Thomas Cashman, refused to appear in the dock
Last updated 16th Feb 2024
A campaign is pushing for new legal powers that would require offenders to appear in court to hear their sentences, preventing them from refusing to be present.
A petition's launched urging ministers to change the law so court officials have more power to ensure offenders are present.
It comes in the wake of several high-profile cases in which offenders failed to appear in court to hear victim impact statements and sentencing.
On Monday, Thomas Cashman, 34, refused to enter the dock to hear Judge Mrs Justice Yip deliver his 42-year sentence.
Cashman's defence barrister, Professor John Cooper KC, told the court that his client was "worried the matter was turning into a circus."
At present, offenders cannot be forced into the courtroom. Former Chief Crown Prosecutor for the North West, Nazir Afzal, explains, "You cannot currently force somebody to go into a courtroom; they can choose to remain in their cell and not be part of the process."
"Why can't the authorities in the courtroom use reasonable force to take the offender from the cell downstairs into the courtroom, even when they refuse to? I would be very much supportive of that."
"I think it's vitally important that the offender is in court when they are sentenced, and that we should be looking at how that's going to be made possible, even when people might be potentially disruptive."
"Time and time again, the families of deceased murder victims have told me that they look at the defendant at that moment as a way of almost beginning the process of recovery."
He concluded, "I think that's why it's important that we do something to enable victim's families to get some level of satisfaction, closure."
Justice Secretary Dominic Raab has been asked to look again at the issue by the family of Zara Aleena who was murdered in June 2022.
Her killer Jordan McSweeney also refused to attend court for sentencing.
That led to calls from Zara's Aunt Farah Naz for longer sentences for criminals who don't appear in the dock.
Another man who was convicted after being involved in the Manchester Arena terror attack also refused to hear his sentence read out.
Hashem Abedi refused to face relatives of victims in court. At the time the judge in the case said he had no power to force him to appear and that force couldn't be used.
What is the petition calling for?
The petition is calling for the government to introduce new laws which order an offender to be present in court for sentencing or face further punishment.
Following a number of high-profile cases where serious criminal offenders refused to be in the dock when their sentence is passed down, it is petitioning for a change in the law so they can be ordered to appear.
It calls for prison and court staff to be given powers to use reasonable force to get offenders into the dock - as they do to transfer them from a court to prison.
Why are there calls for this?
Families say they are currently being deprived the opportunity of gaining full closure and offenders have the power to deny them that.
They are calling for a shift in the law so that it empowers victims families and gives them every chance to witness justice be delivered.
When and how can I sign the petition?
You can sign the petition now by clicking here