Victims and Courts Act 2026

Prospective

1 Power to compel attendance at sentencing hearing U.K.

In Part 3 of the Sentencing Code (procedure), after Chapter 2 insert—

“Chapter 2A U.K. Attendance at sentencing hearings

41A Power to order offender to attend

(1) This section applies where—

(a) an offender has been convicted of an offence,

(b) the offender is to be detained in custody while awaiting sentencing by the Crown Court, and

(c) the offender has refused, or there are reasonable grounds to suspect that the offender will refuse, to attend court for the sentencing hearing.

(2) The Crown Court may order the offender to attend court for the sentencing hearing.

(3) An order under subsection (2) may be made by the court of its own motion or on the application of the prosecutor.

(4) Before making an order under subsection (2) in relation to an offender aged under 18, the court must consult the relevant youth offending team.

(5) Where the court makes an order under subsection (2) in relation to an offender who is aged 18 or over, a relevant officer may, in exercising any function for the purpose of delivering the offender to the courtroom, use reasonable force, if necessary and proportionate.

(6) An offender who fails, without reasonable excuse, to comply with an order under subsection (2) commits a criminal contempt of court (see also section 41B).

(7) In this section—

• “relevant officer” means—

  (a)

  a prison officer;

  (b)

  an officer of a young offender institution;

  (c)

  a prisoner custody officer (within the meaning of section 89 of the Criminal Justice Act 1991);

• “the relevant youth offending team” means the youth offending team established under section 39 of the Crime and Disorder Act 1998 that is providing support to the offender while awaiting sentence;

• “sentencing hearing” means a hearing following conviction that is held for the purpose of sentencing the offender.

(8) Nothing in this section limits—

(a) any other power of a court to order an offender to attend court for a sentencing hearing;

(b) any part of the law of contempt;

(c) any other power of a relevant officer to use force.

41B Attendance orders: prison sanctions for contempt

(1) This section applies where—

(a) the Crown Court makes an order under section 41A requiring an offender to attend a sentencing hearing in respect of an offence,

(b) the offender—

(i) commits a contempt of court by failing to comply with the order as mentioned in section 41A(6), or

(ii) commits a contempt of court by interrupting the hearing or otherwise misbehaving and is removed from the hearing because of their conduct,

(c) the offender is 18 or over at the time at which the contempt is committed, and

(d) the offender is sentenced to imprisonment or detention for the offence or committed for the contempt.

(2) In dealing with the contempt the court may make a prison sanctions order in relation to the offender (instead of or in addition to exercising any other power).

(3) But a prison sanctions order may not be made in relation to an offender aged 18, 19 or 20 unless the place where the offender is to be taken for detention immediately after the order is made is—

(a) a prison, or

(b) a young offender institution that is provided exclusively as a place for the detention of persons aged 18 to 20.

(4) In this section “prison sanctions order” means an order—

(a) imposing one or more sanctions of a description specified for the purpose of this section by regulations made by the Secretary of State, and

(b) in relation to any sanction for which the regulations provide for there to be a maximum period, specifying the period for which it is imposed, which must not exceed the maximum.

(5) The only sanctions that may be specified in the regulations are sanctions that correspond to the punishments that may be imposed by a governor under prison rules for an offence against discipline.

(6) The regulations must specify a maximum period for which the sanction may be imposed if the corresponding punishment under prison rules has a maximum period for which it may be imposed.

(7) The maximum period specified in the regulations for a sanction must not exceed the maximum period specified for the corresponding punishment under prison rules.

(8) The regulations may make further provision as to the effect of a sanction being imposed by a prison sanctions order.

(9) Regulations made by virtue of subsection (8) may, in particular—

(a) create exceptions;

(b) confer a discretion on the governor of the prison or young offender institution in which the person is detained.

(10) Regulations under this section are subject to the affirmative resolution procedure.

(11) In this section—

• “governor”, in relation to a prison or youth offender institution, includes a director of the prison or institution;

• “prison” has the same meaning as in the Prison Act 1952;

• “prison rules” means rules made in respect of prisons under section 47 of the Prison Act 1952.”

Commencement Information

I1 S. 1 not in force at Royal Assent, see s. 18(1)