Criminals warned: Face your victims in court or get longer in jail

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Gavel

Criminals who compound the trauma of victims by refusing to appear in court for sentencing will face longer in jail under plans being considered by ministers.

Under the proposals, refusal to face their victims from the dock will be treated as an “aggravating” factor – meaning judges will be able to impose longer prison terms when sentencing them.

It follows two recent murder cases – the brutal beating and strangling of primary school teacher Sabina Nessa, 28, in south-east London and the notorious “Lady in the Lake” case – where the convicted killers refused to turn up in court.

Both murderers were slated by judges for their “cowardly” behaviour, which denied the victims’ families the chance to set out to them the devastating impact of their crimes and to see them finally brought to justice. Victim impact statements are customarily read out in court at sentencing.

Explaining the Government’s position to MPs on Tuesday, James Cartlidge, the justice minister, cited the case of Ms Nessa as he told MPs that the family wanted her killer, Koci Selamaj, 36, to attend court so they could "convey the hurt that he had caused" to them.

Koci Selamaj refused to attend court for his sentencing for Sabina Nessa's murder
Koci Selamaj refused to attend court for his sentencing for Sabina Nessa's murder

Mr Cartlidge said a fundamental principle of UK law was that “justice should be seen to be done”, which was why the Government was considering changing the law.

He suggested one option would be to treat their absence as an “aggravating” factor, rather than force the attendance of an offender who may not want to come to court and who could disrupt proceedings as a result.

"While the presence of defendants may be a comfort to victims, there may be cases where the defendant's behaviour is distressing to the victims and their families," said Mr Cartlidge.

"It's for that reason we need to take a balanced approach. We are looking at what can be done and one option could be a statutory aggravating factor."

Selamaj was described as a "coward" by both the judge, Justice Nigel Sweeney, and Sabina's sister, Jabina, after he refused to turn up in court to be sentenced.

He was jailed for at least 36 years after ambushing her, hitting her over the head 34 times with a 2ft metal traffic triangle, removing some of her clothes and strangling her before covering her body in grass.

Speaking after the trial, Jabina Islam said: “You are an awful human being and do not deserve your name to be said. You are a disgusting animal.”

Jabina Islam described Sabina Nessa's killer as an 'awful human being' - James Manning/PA Wire
Jabina Islam described Sabina Nessa's killer as an 'awful human being' - James Manning/PA Wire

In the Lady in the Lake case, Mr Justice Wallserial, the judge, criticised the lack of courage of serial rapist Donald Robertson, 66, who refused to attend the trial into the murder of Shani Warren more than 30 years before.

She was found bound and gagged in Taplow Lake, Buckinghamshire, on the Easter weekend of 1987. Robertson was charged in 2021 after a police cold case team found new DNA evidence linking him to the death of Ms Warren.

Mr Wallserial said: “Her family had to wait 35 years until they knew for certain you were responsible. They have been told at times she might have killed herself, and at other times, she might have been killed by another man.

“The anguish of having to wait so long for the truth to emerge must make the suffering so hard to endure. You have not shown a modicum of remorse. You did not even have the courage to attend this trial. You are a self-centred man who has no feeling for others.”