Rule 12 Amendment of Part 25

insert “; and” after sub-paragraph (c);

after sub-paragraph (c) insert—

“(d)

if sentence is adjourned and the defendant is detained in custody meanwhile—

(i)

to order the defendant to attend court for the sentencing hearing, under section 41A of the Sentencing Act 2020^f1 (Power to order offender to attend),

(ii)

to make such an order at a hearing in public or in private, or without a hearing, and in the presence or absence of the defendant, and

(iii)

to explain, or require there to be explained, to the defendant, in terms the defendant can understand (with help, if necessary), that the court can impose a penalty for contempt of court, or prison sanctions, or both, for failure without just excuse to comply with such an order.”;

omit the “and” after sub-paragraph (d);

insert “; and” after sub-paragraph (e);

after sub-paragraph (e) insert—

“(f)

provide any other information and make any representations required by the court where the court must make a prohibited steps order under section 10A of the Children Act 1989^f2 (Duty to make prohibited steps order where one parent kills another);”;

omit the “and” after sub-paragraph (e) as amended by paragraph (b) of this rule;

insert “and” after sub-paragraph (f) as inserted by paragraph (b) of this rule;

after sub-paragraph (f) insert—

“(g)

apply for an order requiring the defendant to attend court for the sentencing hearing where—

(i)

the court can make such an order, under section 41A of the Sentencing Act 2020, and

(ii)

the prosecutor suspects that the defendant will refuse to attend court for that hearing.”;

after “Before passing sentence” insert “, or making a prohibited steps order where that is required”;

in sub-paragraph (a), for “evidence relevant to sentence” substitute “any evidence relevant to those decisions”;

renumber sub-paragraphs (b) and (c) as sub-paragraphs (d) and (e) respectively;

after sub-paragraph (a) insert—

“(b)

if of the view that an offence for which it is sentencing the defendant involved domestic abuse, within the meaning of sections 1 and 2 of the Domestic Abuse Act 2021^f3, announce that view;”;

after sub-paragraph (b) as inserted by sub-paragraph (ii) of this rule, insert—

“(c)

make a prohibited steps order under section 10A of the Children Act 1989, subject to any exception for which that section provides;”;

in the first paragraph, after “52,” insert “56A,”^f4;

after the paragraph that begins “Under section 20A of the Criminal Justice Act 1991” insert—

“Under section 41A of the Sentencing Act 2020, the Crown Court may order a defendant to attend a sentencing hearing where—

(a)

the defendant has been convicted of an offence;

(b)

the defendant is to be detained in custody while awaiting sentencing by the Crown Court; and

(c)

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

Where the defendant is under 18 the court must consult the relevant youth offending team before making an order.

Where the defendant is aged 18 or over, for the purpose of delivering the defendant to the courtroom a prison or other custody officer may use reasonable force if necessary and proportionate.

A defendant who fails without reasonable excuse to comply with such an order commits a contempt of court.

Under section 41B of the Sentencing Act 2020^f5, where the defendant is aged 18 or over (subject to some exceptions for those aged 18, 19 or 20) and commits a contempt of court (i) by failing to comply with an order to attend court for a sentencing hearing, or (ii) by interrupting the sentencing hearing or otherwise misbehaving and being removed because of their conduct, in dealing with that contempt the court may make a prison sanctions order instead of, or in addition to, exercising any other power.”;

after the paragraph that begins “The Sentencing Council may issue sentencing guidelines” insert—

“Under section 10A of the Children Act 1989, where a defendant with parental responsibility for a child is convicted of the murder of the child’s other parent, or convicted of the manslaughter of that other parent in circumstances in which but for loss of control or diminished responsibility the defendant would have been liable to be convicted of murder—

(a)

the court must make a “prohibited steps order” specifying that no step which could be taken by a parent in meeting their parental responsibility for a child may be taken by the defendant with respect to the child without the consent of the High Court or the family court unless—

(i)

such an order already is in force, or

(ii)

where the defendant is convicted of manslaughter, it appears to the Crown Court that it would not be in the interests of justice to make such an order; and

(b)

such an order must be made to have effect until it is varied or discharged by the High Court or the family court.

Under section 10B of the 1989 Act^f6, the relevant local authority must apply to the High Court or to the family court for a review of the prohibited steps order made by the Crown Court.”;

for the paragraph that begins “Under section 3 of the Sentencing Act 2020” substitute—

“Under section 3 of the Sentencing Act 2020, if (among other things) the defendant consents, the court may defer sentence for the purpose of allowing it to take account of the defendant’s conduct after conviction, or any change in the defendant’s circumstances. A deferment order may impose requirements as to the defendant’s conduct during the period of deferment. Under section 5 of the 2020 Act the period of deferment may not be for more than—

(a)

6 months after the date on which the order is made, if the defendant was convicted of the offence, or any of the offences, before 22nd March 2026; and

(b)

12 months after the date on which the order is made, if the defendant was convicted of the offence, or all of the offences, on or after 22nd March 2026.]”.