Olivia’s Law’ will require offenders to attend sentencing

How Olivia’s Law Will Impact on Sentencing Hearings

New legislation known as ‘Olivia’s Law’ is set to become law following its passage through Parliament, marking a significant development in how sentencing hearings are conducted in England and Wales.

The law, introduced following the tragic murder of nine-year-old Olivia Pratt-Korbel, aims to ensure that offenders are present in court to hear sentencing remarks and victim impact statements. It forms part of the wider Victims and Courts Bill and is now awaiting Royal Assent before coming into force.

While the legislation has been widely welcomed from a victims’ rights perspective, it also raises important issues from a criminal defence standpoint, particularly in relation to fairness, the use of force and procedural safeguards.

Background to the legislation

The law follows public concern after Olivia’s killer, Thomas Cashman, refused to attend his sentencing hearing, remaining in his cell rather than facing the court and the victim’s family.

Such refusals are not uncommon in serious criminal cases, particularly where defendants choose not to engage with proceedings at the sentencing stage.

For many victims and families, this absence can be deeply distressing, particularly where personal statements are intended to be heard directly by the offender.

What will ‘Olivia’s Law’ change?

The new law will introduce measures designed to ensure that offenders are physically present in court for sentencing hearings. Key provisions include:

• powers for court staff to use reasonable force to bring offenders into the courtroom;
• the ability to impose additional sanctions where offenders refuse to attend, including extra time added to sentences;
• restrictions on privileges, such as visitation rights, for non-compliance.

The intention is to remove the ability for offenders to avoid facing the consequences of their actions in court.

The legal framework: attendance at court

Defendants in criminal proceedings are generally required to attend court, particularly at key stages such as trial and sentencing. However, there has historically been limited power to compel attendance where a defendant refuses.

‘Olivia’s Law’ seeks to address this gap by strengthening the court’s ability to enforce attendance, reflecting a broader emphasis on victim participation and transparency in the justice process.

Criminal defence considerations

From a criminal defence perspective, the introduction of compulsory attendance raises several important legal questions.

First, the use of reasonable force. Any physical intervention must be proportionate and carried out in a manner that respects the defendant’s rights and dignity. There may be circumstances where the use of force is challenged, particularly if it is alleged to be excessive or unnecessary.

Secondly, the issue of fitness to attend. Defendants may refuse to attend court for a variety of reasons, including mental health concerns, vulnerability or safety issues. In such cases, careful consideration must be given to whether it is appropriate to compel attendance.

Thirdly, the imposition of additional penalties. Extending a sentence or restricting privileges for non-attendance introduces a further layer of punishment. From a defence perspective, it will be important to ensure that such measures are applied fairly and only where justified.

Finally, there are broader considerations around procedural fairness. While the presence of a defendant may be important symbolically, it must not undermine the principle that sentencing should be based on evidence and legal argument, rather than perception.

Balancing victims’ rights and due process

The introduction of ‘Olivia’s Law’ reflects a clear policy objective: to ensure that victims and their families are able to see justice being carried out in a meaningful way.

However, the criminal justice system must balance these considerations with the rights of defendants, including the right to fair treatment and due process.

Courts will need to ensure that the new powers are exercised proportionately and that decisions are made on a case-by-case basis.

Potential practical challenges

In practice, enforcing attendance may present logistical and legal challenges. Situations may arise where a defendant is physically resistant, medically unfit, or otherwise unable to attend.

There may also be cases where forcing attendance risks disrupting proceedings or creating further distress for those present.

From a defence perspective, these practical considerations may form part of arguments against enforcement in specific cases.

A wider shift in the justice system

‘Olivia’s Law’ forms part of a broader shift towards strengthening the role of victims within the criminal justice process. This includes greater recognition of victim impact statements and efforts to improve engagement with proceedings.

At the same time, the introduction of new powers highlights the evolving nature of the legal system and the need to ensure that fundamental legal principles remain protected.

Understanding the Law Whilst Observing The New Powers

The introduction of ‘Olivia’s Law’ represents a significant development in sentencing procedure, driven by a desire to ensure accountability and support for victims.

While its aims are clear, its implementation will require careful consideration to ensure that it operates fairly, proportionately and within the bounds of the law.

Whilst understanding the sentiment behind Olivia’s Law, for criminal defence practitioners, the focus will be on ensuring that the rights of defendants are protected and that any use of new powers is subject to proper legal scrutiny.

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