84 days without privileges, 21 days in a cell: the new penalty for not turning up
What happened
The government has announced new punishments for offenders who refuse to come to court to be sentenced. At the moment, a person convicted of a crime can simply decline to appear in the dock when the judge passes sentence. Families of victims, who have often waited years for that moment, are left watching an empty space. Under the new rules, a Crown Court judge will be able to order prison punishments for refusing to attend. These can be used on their own or alongside other penalties. They will also apply to offenders who are removed from the courtroom for behaving disruptively. The punishments available to judges will be: - Loss of prison privileges for up to 84 days, which is almost three months - Cellular confinement for up to 21 days - Loss of social visits for 27 days - Social visits limited to once every four weeks, for up to 84 days For offenders aged 18 to 20 held in Young Offender Institutions, the limits are lower: privileges removed for up to 21 days, or cellular confinement for up to 10 days. Visits from a prisoner's own children are exempt from these restrictions. The measures take effect next year, once the regulations have passed through Parliament.
Why this matters
This is a change driven almost entirely by what victims' families have said they needed. Catherine McKinnell MP, the Minister for Prisons, Probation and Reducing Reoffending, put the principle plainly: criminals should not be able to pick and choose when they face justice. She described refusing to attend sentencing as an insult to victims and their families. The cases that pushed this forward are ones many people will remember. Thomas Cashman and Jordan McSweeney both refused to attend their sentencing hearings. Claire Waxman OBE, the Victims' Commissioner for England and Wales, referred to the families of Sabina Nessa, Zara Aleena, Jan Mustafa and Olivia Pratt-Korbel in welcoming the change. Her response also contained a warning worth taking seriously. She said it is now essential that these powers are used consistently by courts and prisons. A power that exists but is applied unevenly creates a new unfairness: one family sees a consequence, another in an almost identical situation does not. The sentencing hearing matters for reasons that are not really about punishment. It is the one moment where the harm done is described out loud, in public, with the person responsible present to hear it. Victims' families have consistently described being denied that as a second injury.
What the evidence actually says
It is worth being accurate about what is new here, because it is less than the coverage suggests. Courts already have powers in this situation. Existing law on contempt of court allows a fine or up to two years of additional imprisonment for an offender who refuses to attend. So the question was never whether judges had any tool, but whether they had one proportionate enough to actually use. That is the real argument for these measures. Adding two years to the sentence of someone already serving life is close to meaningless, and asking for a fine is not much better. Losing privileges or visits is a consequence that lands immediately and in a way the prisoner notices. Whether it works is a different question, and nobody can answer that yet. There are reasonable concerns on the other side, and it would be dishonest not to name them. Cellular confinement — being kept in a cell away from others — is a serious measure, and prison inspectorates in the UK and elsewhere have repeatedly raised concerns about its effects on people with mental illness. Some offenders who refuse to attend court are seriously unwell. The announcement does not set out how that will be assessed. It is also fair to note that the exemption for visits from a prisoner's children is a deliberate and sensible limit. Children should not be punished for a parent's behaviour. Finally, these regulations are not yet law. They require parliamentary approval before they take effect next year.
Practical advice
Most people reading this will never be in a courtroom for a sentencing. If you are, these things are genuinely useful to know. **You have a right to information as a victim.** The Victims' Code sets out what you are entitled to in England and Wales, including being told about key decisions and hearings. It is a published document and worth reading if you are going through the process. **You may be able to read a Victim Personal Statement.** This lets you tell the court, in your own words, how the crime has affected you. You can read it yourself, have someone read it for you, or have it read silently by the judge. Nobody can make you do it, and you can change your mind. **Ask about practical support at court.** Separate waiting areas, screens and entry at a different time are often available. The Witness Service can arrange a visit beforehand so the room is not unfamiliar on the day. **Free support exists whether or not you reported the crime.** Victim Support is independent of the police and courts and offers confidential help. The Homicide Service supports families bereaved by killing. **Look after the physical side.** Court days are long, stressful and often delayed. Take any regular medication with you, bring water, and tell court staff if you have a health condition that needs managing — they can usually accommodate it.
What to know
Crown Court judges will be given new powers to punish offenders who refuse to attend their own sentencing, or who are removed from court for disruptive behaviour. The punishments are loss of privileges for up to 84 days, cellular confinement for up to 21 days, loss of social visits for 27 days, or visits limited to once every four weeks for up to 84 days. For 18 to 20 year olds in Young Offender Institutions the limits are 21 days of lost privileges or 10 days of cellular confinement. Visits from a prisoner's own children are exempt. Courts could already impose a fine or up to two years' extra imprisonment for contempt. The argument for the new powers is that those penalties were too blunt to use against someone already serving a long sentence. The Victims' Commissioner welcomed the change but stressed the powers must be used consistently by courts and prisons — a fair point, since inconsistent use would create its own unfairness. The regulations need parliamentary approval and take effect next year. Sources: GOV.UK (Ministry of Justice), "Cowardly killers who dodge sentencing face tough new prison punishments", 21 October 2026, https://www.gov.uk/government/news/cowardly-killers-who-dodge-sentencing-face-tough-new-prison-punishments. GOV.UK, "Ministry of Justice", accessed 22 October 2026, https://www.gov.uk/government/organisations/ministry-of-justice. This article is for general information and does not replace advice from a solicitor or other qualified professional. For health matters, speak to a doctor or pharmacist.
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