From 22 March 2026, courts in England and Wales will have the power to compel defendants to attend their own sentencing hearings. The provision is contained in the Victims and Courts Bill, which completed Lords report stage on 10 March 2026 and is scheduled for third reading on 16 March 2026 before receiving Royal Assent. The change directly addresses high-profile cases where convicted offenders have refused to appear in court to face the judge who is about to sentence them.

The new power gives judges the authority to order prison officers to use reasonable force to bring a defendant to court. Refusing to attend will also be treated as contempt of court, with the potential for an additional sentence to be imposed. The change follows widespread public outcry over cases where murderers and serious offenders deliberately avoided their sentencing hearings.

Why Was This Law Needed?

Several high-profile cases exposed a loophole in English law: there was no legal mechanism to force a convicted defendant to sit in the dock while being sentenced. The courts had no power to compel physical attendance beyond asking prison staff to make efforts to transport the prisoner. If a defendant simply refused to leave their cell, the sentencing would proceed in their absence.

The most prominent recent case involved Jordan McSweeney, who murdered Zara Aleena in June 2022. McSweeney refused to attend his sentencing at the Old Bailey. Zara Aleena’s family were forced to watch the hearing without the man responsible being present to face them or hear the judge’s remarks. Other cases with the same pattern include high-profile murders and sexual offences where the defendant stayed in their cell.

Victims’ families and campaigners argued that allowing defendants to absent themselves from sentencing was disrespectful to victims, denied them closure, and allowed offenders to control proceedings even after conviction. The Government included the new compulsion power in the Victims and Courts Bill in response to these concerns.

What Does the New Law Actually Allow?

Under the Victims and Courts Bill provisions, a Crown Court judge will be able to issue an order requiring a defendant who is in custody to attend their sentencing hearing. Prison officers will be authorised to use reasonable force to transport and bring the defendant before the court. The order cannot be used to cause injury — the force permitted is limited to what is reasonably necessary to physically bring the person to court.

If a defendant continues to resist in the courtroom itself — for example, by shouting, self-harming, or disrupting proceedings — the judge retains existing powers to have the defendant removed and to sentence them in their absence. The new law does not require the defendant to remain quiet or engage with the proceedings; it simply requires their physical presence.

A defendant who refuses to comply with a compulsion order can be found in contempt of court. Contempt of court can result in an additional prison sentence of up to two years, a fine, or both. This additional sentence would run consecutively to the main sentence.

Can a Judge Already Force Attendance at Other Hearings?

Yes — for trial hearings, different rules apply. A defendant in custody can be brought to trial regardless of their cooperation, as the trial cannot lawfully proceed without them. The gap in the law was specific to sentencing, where historic practice allowed judges to proceed in a defendant’s absence if they were deliberately absenting themselves. The new provisions close this gap for the sentencing stage.

For defendants on bail who refuse to surrender to custody for their sentencing, the court issues an arrest warrant. Once in custody, they can then be brought before the court under the new provisions.

What Else Does the Victims and Courts Bill Do?

The Victims and Courts Bill contains a range of further measures aimed at improving outcomes for victims of crime and strengthening the criminal justice system. Key provisions include:

Free court transcripts for victims. Victims of crime will be able to obtain transcripts of court proceedings, including judges’ sentencing remarks, at no cost. This is intended to help victims understand what was said in court and why a sentence was imposed.

Restriction of parental responsibility for sex offenders. The Bill includes provisions to restrict or remove the parental responsibility of certain convicted sex offenders, particularly in cases where a child has been the victim.

Expanded Crown Prosecutor eligibility. The Bill widens the criteria for appointment as a Crown Prosecutor beyond qualified solicitors and barristers, broadening the pool of prosecutors available to the Crown Prosecution Service.

Unduly lenient sentence scheme extension. The time limit within which the Attorney General’s Office can refer a sentence to the Court of Appeal as unduly lenient will be extended, giving more time for cases to be reviewed and potentially increased.

Victims Commissioner powers. The powers of the Victims Commissioner will be enhanced to strengthen oversight of how victims are treated by the criminal justice system and to ensure compliance with the Victims Code.

When Does This Come Into Force?

The Victims and Courts Bill was at Lords third reading stage on 16 March 2026. Following Royal Assent, individual provisions will be commenced by statutory instrument. The compulsion power is expected to be commenced promptly given the political attention on the issue. The Government has indicated it intends to bring the attendance provision into force as quickly as possible after Royal Assent.

Frequently Asked Questions

Can a judge in the UK force a defendant to attend sentencing? From 2026, yes. The Victims and Courts Bill gives Crown Court judges the power to order prison officers to use reasonable force to bring a defendant to their sentencing hearing. Previously, courts could not compel a prisoner who refused to leave their cell to attend.

What happens if a defendant refuses to attend their sentencing? Under the new law, they can be brought to court by force and can also be found in contempt of court. A contempt finding can result in an additional prison sentence of up to two years, a fine, or both, running consecutively to the main sentence.

What other measures does the Victims and Courts Bill 2026 include? The Bill provides free court transcripts for victims, restricts parental responsibility for sex offenders, extends the time limit for unduly lenient sentence referrals, expands Crown Prosecutor eligibility, and strengthens the powers of the Victims Commissioner.