A Bill to Make provision about the experience of victims within the criminal justice system; about the functions of the Commissioner for Victims and Witnesses; and about procedure and the administration of criminal justice.
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This is the latest version of the Bill
Available Versions
| Date | Debate |
|---|---|
| Monday 27th October 2025 | Report stage |
| Date | Debate |
|---|---|
| Tuesday 24th June 2025 | Committee stage: 5th sitting |
| Thursday 19th June 2025 | Committee stage: 4th sitting |
| Thursday 19th June 2025 | Committee stage: 3rd sitting |
| Tuesday 17th June 2025 | Committee stage: 2nd sitting |
| Tuesday 17th June 2025 | Committee stage: 1st sitting |
Relevant Documents
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Page 1
Attendance at sentencing hearings
Source HL Bill 141 Explanatory Notes
153. Clause 1 inserts new sections 41A and 41B into a new Chapter 2A within Part 3 of the Sentencing Code (Procedure). New section 41A makes provision for a judge of the Crown Court to order an offender to attend their sentencing hearing and states that any offender commits a contempt of court if, when the court has made such an order, they fail without reasonable excuse to attend.
154. New subsection (1)(a)(b) and (c) of section 41A set out the conditions under which the order can be made. These are that an offender has been convicted of an offence; the offender is to be detained in custody while awaiting sentencing in the Crown Court; and the offender has refused to attend their sentencing hearing or there are reasonable grounds to suspect that he or she will refuse.
155. New subsection (2) states that the Crown Court may make such an order if the conditions of subsection (1) are satisfied.
156. New subsection (3) states that an order under subsection (2) may be made by the court of its own motion or following an application by the prosecuting authority.
157. New subsection (4) prohibits the court from making such an order in relation to an offender under the age of 18 without having first consulted the relevant youth offending team.
158. New subsection (5) clarifies that a relevant officer may use reasonable force to give effect to an order made under subsection (2) and deliver an offender aged 18 or over to the courtroom.
159. New subsection (6) states that an offender's failure to comply with an order made under subsection (2) without reasonable excuse is a criminal contempt of court.
160. New subsection (7) defines the meaning of the terms, "relevant officer", "relevant youth offending team" and "sentencing hearing" as they apply to this provision. "Relevant officer" means a prison officer, an officer of a young offender institution or a prisoner custody officer (within the meaning of section 89 of the Criminal Justice Act 1991). "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 he or she is awaiting sentence. "Sentencing hearing" means a hearing for the purposes of sentencing the offender following conviction.
161. New subsection (8) clarifies, for the avoidance of doubt, that this provision does not limit any other power available to the court to order the attendance of an offender for their sentencing hearing, any part of the law of contempt or any other power of a relevant officer to use force.
162. New section 41B makes provision for and explains the meaning of a "prison sanctions order".
163. New subsection (1)(a), (b), (c) and (d) sets out the conditions needed to be met before a court can consider making a "prison sanctions order". These conditions are that an order under section 41A has been made, the offender has committed a contempt by breaching an order made under section 41A as mentioned in section 41A(6), or has committed a contempt by interrupting or otherwise misbehaving in the hearing and been removed from the hearing because of such conduct; the offender is aged 18 or over at the time at which the contempt is committed; and the offender is sentenced to a term of imprisonment or detention for either the offence being sentenced or committed for the contempt.
164. New subsection (2) confirms the power to impose prison sanctions may be used instead of or in addition to any other power available to the court in dealing with the contempt matter.
165. New subsection (3)(a) and (b) sets out the parameters for imposing a prison sanctions order on a person aged between 18 and 20.An order can be made in relation to an offender who is aged 18 or over who is taken to a prison or young offenders institution provided exclusively as a place of detention for persons aged 18-20 after the order is made.
166. New subsection (4)(a) and (b) defines the meaning of a "prison sanctions order" as an order imposing one or more of the sanctions as described by regulations made by the Secretary of State and in so doing provides the power to make those regulations. It also requires the court to specify a period not exceeding the maximum period as defined by those regulations.
167. New subsection (5) limits the sanctions that may be specified in regulations to those which correspond with punishments available under prison rules for an offence against discipline. This means that existing punishments in the prison rules will provide a list from which punishments can be selected for the purposes of these regulations. Not all existing punishments will be appropriate for use in this context.
168. New subsection (6) states that the regulations must specify a maximum period for which a sanction may apply, only if the corresponding punishment in the prison rules has a maximum period.
169. New subsection (7) states that the maximum period set by regulations must not exceed the corresponding maximum period for that sanction as set out in the prison rules.
170. New subsection (8) states that the regulations may make further provision as to the effect of a sanction imposed by a prison sanctions order.
171. New subsection (9) (a) and (b) sets out that in particular, the regulations made by subsection (8) may create exceptions or confer a discretion on the governor of a prison as to the effect of a sanction being imposed by a prison sanctions order. It is intended that this will be used to permit the governor to override the order in certain circumstances, for example, where it is considered necessary for health, safety and operational reasons.
172. New subsection (10) confirms that regulations made under this section are subject to the affirmative resolution procedure.
173. New subsection (11) defines the meaning of "governor" in relation to a prison or youth offender institution, includes a director of the prison or institution, the meaning of "prison" as having the same meaning as in the Prison Act 1952 and the meaning of "prison rules" as being the same as under section 47 of the Prison Act 1952.
Chapter 2A
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Page 4
Page 5
Restricting parental responsibility
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Page 7
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Page 10
5
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Victims’ rights
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Victims’ Commissioner
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Prosecutions
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Sentencing reviews etc
Page 17
Page 18
Final provisions
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Page 20
Schedules
Restriction of parental responsibility: serious sexual offences
Serious sexual offences for the purposes of section
Protection of Children Act 1978
Criminal Justice Act 1988
Sexual Offences Act 2003
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Inchoate offences
Victims’ rights to make representations and receive information etc
Part 1
Representations and information
Introduction
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Imprisonment or detention
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Hospital orders
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Hospital directions
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Transfer directions
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Part 2
Information
Introduction
Victims’ rights to receive information
Chapter 2
Information: victims’ rights
Imprisonment or detention
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Hospital orders
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Hospital directions
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Transfer directions
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Chapter 3
Information: powers etc
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Part 3
Representations and information: offences
Offences
Representations and information: offences
Part 1
Offences in respect of which certain custodial sentence imposed
Common law offences
Offences against the Person Act 1861
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Explosive Substances Act 1883
Infant Life (Preservation) Act 1929
Children and Young Persons Act 1933
Infanticide Act 1938
Sexual Offences Act 1956
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Mental Health Act 1959
Indecency with Children Act 1960
Sexual Offences Act 1967
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Firearms Act 1968
Theft Act 1968
Misuse of Drugs Act 1971
Criminal Damage Act 1971
Criminal Law Act 1977
Protection of Children Act 1978
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Taking of Hostages Act 1982
Aviation Security Act 1982
Nuclear Material (Offences) Act 1983
Mental Health Act 1983
Child Abduction Act 1984
Prohibition of Female Circumcision Act 1985
Public Order Act 1986
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Criminal Justice Act 1988
Road Traffic Act 1988
Aviation and Maritime Security Act 1990
Chemical Weapons Act 1996
Crime and Disorder Act 1998
Terrorism Act 2000
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Anti-Terrorism, Crime and Security Act 2001
Female Genital Mutilation Act 2003
Sexual Offences Act 2003
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Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
Domestic Violence, Crime and Victims Act 2004
Terrorism Act 2006
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Criminal Justice and Immigration Act 2008
Coroners and Justice Act 2009
Serious Crime Act 2015
Modern Slavery Act 2015
Crime and Policing Act 2025
Inchoate offences
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Part 2
Representations and information: other offences
Family Law Act 1996
Protection from Harassment Act 1997
Crime and Disorder Act 1998
Serious Crime Act 2015
Stalking Protection Act 2019
Sentencing Code
Inchoate offences
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Part 3
Information: other offences
Common law offences
Offences against the Person Act 1861
Prevention of Crime Act 1953
Suicide Act 1961
Criminal Law Act 1967
Criminal Law Act 1977
Mental Health Act 1983
Criminal Justice Act 1988
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Police Act 1996
Crime and Disorder Act 1998
Sexual Offences (Amendment) Act 2000
Sexual Offences Act 2003
Mental Capacity Act 2005
Criminal Justice and Courts Act 2015
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Assaults on Emergency Workers (Offences) Act 2018
Offensive Weapons Act 2019
Sentencing Code
Domestic Abuse Act 2021
Crime and Policing Act 2025
Inchoate offences
Part 4
Consequential and other provision
Introduction
Consequential provision etc
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Page 73
No amendments available.