Can a Judge Compel a Defendant to Be Present During Sentencing?

When it comes to criminal sentencing, the presence of the defendant is often required, except in certain specific circumstances. This article explores whether and how judges can compel a defendant to appear in court for their sentencing in different legal jurisdictions.

General Rule in the U.S.

In the United States, a defendant must generally appear in court for sentencing, particularly for offenses that could result in jail or prison time. If a defendant fails to appear, they are likely to be rearrested and brought to court to ensure compliance. For minor offenses such as traffic violations, a lawyer can often enter a plea on behalf of the defendant, but this typically does not apply to more serious criminal cases.

For example, in criminal sentencing requirements in the U.S., the presence of the defendant is mandatory if the sentence could involve incarceration. If a defendant is not present, the judge will order a warrant for their arrest and ensure their attendance.

UK Jurisdiction and Recent Developments

In contrast, in the United Kingdom, the legal requirements for a defendant's presence at sentencing are different. Currently, a judge in the U.K. does not have the legal authority to compel a defendant to appear in court for their sentencing. This was highlighted recently in a case involving a nurse convicted of serial homicide of babies.

Despite the judge’s power to order the prosecutor to ensure the defendant's attendance, the law requires the defendant's voluntary presence. In the recent case, the nurse refused to face the court for sentencing, which led to public outrage and demands for legislative change. The U.K. Parliament is expected to address this issue with new legislation in September, following the summer recess.

Options for Sentencing without Physical Presence

While a physical presence in court is typically required, there are circumstances under which a defendant can be sentenced without appearing in person. Video conferencing technology allows judges to conduct sentencing hearings via remote video. This option is often used for defendants who are located in different jurisdictions or for those who are unable to travel due to various reasons.

For example, in cases involving defendants in sentencing via video conferencing, the court can use teleconference facilities to ensure all parties, including the defendant, lawyer, prosecutor, and judge, can participate effectively. This method helps to maintain the integrity of the legal process while accommodating the practical constraints on the defendant's travel.

Conclusion

The requirement for a defendant to appear in court for sentencing varies by jurisdiction. Despite this, the presence of the defendant is almost always a necessity for serious offenses in the U.S., while the U.K. has been working towards legislative changes to ensure mandatory court appearances. Video conferencing offers a solution for those instances where a physical presence is impractical.

Regardless of the jurisdiction, ensuring that a defendant's rights are respected and that the legal process is fair remains paramount. This involves balancing the need for transparency and accountability with logistical and practical considerations.