Gag and restrain criminals who refuse to appear in dock, say Tories

Telegraph

7 hours ago

Criminals who refuse to appear at sentencing hearings should be gagged and restrained to force them to face their victims, the Conservatives have said.
The party is proposing tougher sentencing rules that would justify the use of force by prison guards, after a series of high-profile cases where convicts refused to attend court.
The policy is one of a series of measures to be announced on Wednesday by Robert Jenrick, the shadow justice secretary, to toughen up the approach taken to criminals in court and to support victims.
Mr Jenrick said: 'Criminals must be made to face up to their actions and hear the pain they caused. It's a slap in the face for victims when they refuse.
'Our amendments would give officers much stronger powers to compel cowardly criminals to appear and get victims proper justice.'
The plans also include a new 'right to be heard' that would remove restrictions on what victims can say during their impact statements in court, an extension of the time victims have to request a review of a lenient sentence and new rules to force the Government to publish immigration data on offenders.
Under the proposals, judges would have the power to restrain and gag disruptive criminals in courts, strengthening Labour legislation that only allows 'reasonable' force.
Those powers are commonplace in the American legal system, but the Tories argue that Britain's rules are too relaxed and allow criminals to escape without facing their victims before receiving a jail sentence.
Recent examples of convicts who have been sentenced in absentia include Lucy Letby, who was found guilty of murdering seven babies and attempting to kill six more, and Thomas Cashman, the murderer of Liverpool schoolgirl Olivia Pratt-Korbel. Both were given life sentences.
The proposed system would also require a judge to consult with victims and their families before allowing a criminal to be sentenced remotely.
Dr Kieran Mullan, a shadow justice minister, said Labour's plans in the upcoming Victims and Courts Bill were 'inadequate and insulting to victims'.
'Whilst some changes are welcome, they are putting criminals first and victims and families last in key areas,' he said.
'Our changes will ensure that criminals don't escape accountability, and victims and their families are properly supported.'
The Tories will attempt to insert their plans into Labour legislation when the bill reaches committee stage in the House of Commons this week, although they are unlikely to be taken forward by the Government.
The proposal on victim impact statements would remove restrictions that prevent those affected by crime from giving a view on what the sentence should be. Under the current rules, they also may not comment on whether a criminal up for parole should be released.
If a victim planned to make a suggestion of a sentence for a criminal, the judge would be required to distinguish between wider remarks and a statement on the sentence during court proceedings.
The Conservatives have generally avoided making concrete policy pledges since the general election, arguing that the party must undergo a full review of its platform before the next general election.
But Mr Jenrick's proposals go significantly further than justice policies enacted in law while the Tories were in Government, and suggest the party is planning to campaign strongly on law and order in the coming months.
Unduly lenient sentences
He has previously made headlines for a 'vigilante' video tackling fare dodgers on the London Underground, and attacking Lord Hermer, the Attorney General, for his clients as a barrister before being appointed as a Cabinet minister.
The plans also include a longer period for victims to appeal unduly lenient sentences, which is currently set at 28 days. Under the Tory amendment, it would be set at one year.
The party will also try to amend a clause in the Labour bill that would remove parental responsibility from a person sent to prison for four years or more for a sexual offence against their own child.
The Conservative plan would expand the rule to include sexual offences against any child.