Can Prisoners Attend Their Sentencing Hearing in the UK?

What Is a Sentencing Hearing?

A sentencing hearing is the stage of criminal proceedings where the court decides what sentence should be imposed after a guilty plea or conviction.

During this hearing, the judge or magistrates will consider a range of factors, including: 

• The seriousness of the offence 
• The circumstances surrounding the case 
• Any aggravating or mitigating factors 
• The defendant’s criminal history 
• Sentencing guidelines applicable to the offence 

Guidance on sentencing decisions can be found through the Sentencing Council, which publishes sentencing frameworks used by courts across England and Wales. 

The aim is to impose a sentence that reflects the offence, the law and the relevant sentencing principles.

Do Prisoners Attend Their Sentencing Hearing in Person?

In many cases, prisoners do attend their sentencing hearing in person at the court. 

Where in-person attendance is required, arrangements are usually made for the defendant to be brought from prison or remand custody to court under secure escort.

Attending the hearing in person allows the defendant to: 

• Hear the sentencing decision directly from the judge 
• Consult with their legal representative 
• Address the court if required 
• Understand the outcome of the proceedings clearly

Security and Custody Arrangements

Courts must consider several practical factors when deciding how a defendant will attend a hearing, including: 

• The security classification of the prisoner 
• Logistical arrangements between the prison and court 
• The availability of video link facilities 
• Safety considerations for court staff and the public 

These factors may influence whether the defendant appears in person or remotely.

When Do Prisoners Attend Sentencing by Video Link?

Modern court systems frequently allow prisoners to attend hearings via secure video link from prison. 

A video-link hearing allows a defendant in custody to take part from prison while appearing before the court remotely. The defendant can usually see and hear the court, and the court can communicate with them in real time.

Video link attendance may be used when: 

• Transporting the prisoner to court is impractical 
• The court and prison both have appropriate video facilities 
• Security considerations favour remote attendance 
• The court determines that a video appearance is suitable 

The court will consider whether the defendant can participate effectively.

Can a Sentencing Hearing Take Place Without the Defendant?

In some circumstances, sentencing may proceed without the defendant being physically present in the courtroom.

For example, the court may proceed if: 

• The defendant has refused to attend 
• The defendant’s behaviour disrupts proceedings 
• Practical circumstances prevent attendance 

Even where the defendant is not physically present, their legal representative will normally attend the hearing and represent their interests. 

Where the defendant is legally represented, their solicitor or barrister will usually continue to represent their interests and make submissions on their behalf.

What Happens During a Sentencing Hearing?

A sentencing hearing typically follows a structured process. 

First, the court reviews the facts of the case and the circumstances surrounding the offence. The prosecution may outline the seriousness of the offence and any aggravating factors. 

The defence solicitor or barrister will then present mitigation, which may include: 

• The defendant’s personal circumstances 
• Evidence of remorse 
• Steps taken to address behaviour 
• Character references 
• Other factors that may influence the sentence 

The judge or magistrates will consider the submissions, sentencing guidelines and all relevant circumstances before passing sentence.

Sentences may include: 

• Custodial sentences 
• Suspended sentences 
• Community orders 
• Fines or other penalties 

The sentence must reflect established legal principles and sentencing guidance used by courts throughout England and Wales. 

The Role of a Criminal Defence Solicitor During Sentencing

Sentencing can have serious consequences, especially where custody, extended orders, financial penalties, or long-term restrictions may be considered.

Legal representation during sentencing can involve: 

• Preparing mitigation arguments 
• Presenting evidence to support reduced sentencing 
• Advising the defendant on possible outcomes 
• Ensuring that the court considers all relevant factors 

Careful preparation can help ensure that the court has the information it needs before sentence is passed.

Speak to a Criminal Defence Solicitor

If you or a family member is facing sentencing after a guilty plea or conviction, legal advice should be obtained as early as possible.

A criminal defence solicitor can explain the sentencing process, prepare mitigation and ensure that the defendant’s position is properly presented.

Early legal advice can help ensure that your case is handled with the care, preparation, and professional advocacy required during this critical stage of criminal proceedings.