Claire Waxman, the Victims’ Commissioner for England and Wales, writes for The Mirror about a change in the law to force offenders to attend their sentencing hearings in court
As the Victims and Courts Bill gains Royal Assent, it marks the culmination of years of campaigning for change by bereaved victims and families. Long-fought-for protections has just become law. More importantly, it demonstrates what becomes possible when the justice system listens to those it exists to serve.
Too often, victims and families are left feeling like bystanders in proceedings that profoundly affect their lives. A criminal justice system focused on process can feel distant and unresponsive to their pain. This is felt most acutely at sentencing, when offenders are able to choose not to attend hearings – one of the very few moments when victims and families are finally given a voice.
The families of Sabina Nessa, Zara Aleena and Jan Mustafa channelled unimaginable grief into determined, purposeful campaigning to ensure this harm was properly recognised. Jebina Nessa, Sabina’s sister, was among the first to bring national attention to the impact of offenders refusing to attend sentencing. Cheryl Korbel campaigned for change following the murder of her daughter Olivia, adding her voice to growing calls for action on offenders’ non-attendance at sentencing.
Ayse, whose cousin Jan Mustafa was murdered in 2018, described standing alone in court, reading words forged in grief “to no one”. Farah, the aunt of Zara Aleena, told me the offender’s absence felt like “a kick in the teeth”.
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Hearing directly from these families about the additional harm caused by non-attendance strengthened my determination to work alongside them and press for change.
The sentencing hearing is one of the very few moments in the justice process where victims and families are given a voice. When an offender wilfully refuses to attend, it compounds trauma and strips that moment of accountability. These families were clear: their calls for change were not about retribution. They were about recognition, dignity and the basic expectation that those who cause the most serious harm should face the consequences of their actions.
Because they spoke out – and because their lived experience was listened to – the law is now changing. In July of last year, I was privileged to accompany these inspiring individuals to Number 10 to meet the Prime Minister and discuss their tireless work that helped change the law – ensuring offenders are compelled to attend sentencing.
Under the Victims and Courts Act, courts will have powers to compel attendance at sentencing hearings, with consequences for those who continue to refuse, including additional time added to their sentence and the loss of privileges. Even small extensions to a sentence matter deeply to families because they represent acknowledgement that further harm was caused.
This reform did not appear overnight. It exists because victims and bereaved families refused to accept being sidelined, and instead spent years campaigning with determination, dignity and courage to ensure their experiences shaped the law.
The same is true of reforms to the Unduly Lenient Sentencing (ULS) scheme. Under the new reforms, victims and bereaved families will be given significantly more time to challenge sentences they believe do not reflect the seriousness of the crime.
Following the murder of her son Josh, Tracey Hanson campaigned tirelessly to expose the lack of parity between the rights of victims and offenders within the scheme. While offenders are informed of their appeal rights and can apply outside the 28-day limit in exceptional circumstances, many victims are never told the scheme exists and are bound by a rigid deadline.
Despite raising concerns about the sentence, Tracey was not informed of the scheme and only became aware of it on the final day of the 28-day window. Although she submitted her application immediately, it was rejected as out of time. Her determination helped bring national attention to systemic gaps that left victims feeling powerless and unheard. Katie Brett has also spoken out powerfully following the murder of her sister Sasha, supporting calls for the scheme to be extended so families are not left without meaningful routes to challenge a sentence.
Tracey called for two clear changes: for the rigid 28-day time limit to be extended in exceptional circumstances, and for responsibility for informing victims and bereaved families about the scheme to sit clearly with a single, accountable agency.
Under the new reforms, victims and bereaved families will now have up to six months to ask for a sentence to be reconsidered, where it is in the interests of justice to do so. The government will also introduce a legal duty in the Victims’ Code to notify victims of the existence of the ULS scheme, ensuring families are informed of their right to challenge a sentence and how to do so.
Both reforms go to the heart of why the role of Victims’ Commissioner exists. The purpose of my role is to ensure that the lived experience of victims is used to improve legislation, policy and practice. As someone who has lived with the impact of stalking for over two decades, I know personally how easily victims can be marginalised by systems that prioritise process over people.
The Bill also strengthens my powers as Victims’ Commissioner, enabling greater scrutiny of how agencies respond to victims and how commitments made on paper translate into practice. That oversight matters. Without proper resourcing, training and cultural change across the justice system, even the most well-intentioned reforms risk falling short.
As we approach Royal Assent, this moment is about recognition – recognising the courage and persistence of campaigners who refused to be silenced. But it is also a reminder that legislation alone is never enough. The true test of these reforms will be whether they are implemented effectively, consistently and with the seriousness they deserve.
The Victims and Courts Bill shows what is possible when lived experience is taken seriously. Now, government and criminal justice agencies must deliver on what has been promised.