Consequences of failing to attend a court appearance
If you've been requested to attend court as a defendant and you don't, it's very likely that a warrant will be issued for your arrest.
If you've been bailed to attend court (by the police or the court itself), failing to attend your hearing without a valid reason is a criminal offence.
It's likely you'll be charged for this offence as well as being charged for the original reason you were required to attend for. The court will also issue a warrant for your arrest.
When arrested, you'll be kept in police custody until you can be put before the next available court who can carry out both your original hearing and the matter of your 'failure to appear'.
The court will consider a separate sentence for your 'failure to appear' irrespective of the outcome of the original offence you were charged with.
If you've been issued with a requisition or summons to attend court and you do not attend, although no offence will be committed, the court may still issue a warrant for your arrest.
In certain circumstances the court may go on to prove the case against you in your absence resulting in a conviction. When this happens they may issue a warrant for your arrest prior to a sentence being given.
If you're unable to attend for a medical reason
If you're not able to attend your hearing due to ill health or a medical reason you need contact your solicitor or the court to let them know as soon as possible. If you're too unwell to do this you should arrange someone else to do this for you.
The court will request a medical certificate to confirm your medical reason and that you were not fit to attend court.
Any medical note or certificate must state that you're unfit to attend court rather than 'being unfit for work' etc.
Have you appointed a Solicitor?
If you have already instructed a solicitor to represent you, we recommend you make contact with them to discuss your case prior to your hearing.
The court is unlikely to grant an adjournment (delay the court hearing by setting a new date or time) to allow you to speak with your solicitor or to wait for legal aid to be granted before requiring you to enter a plea so you should deal with this before your first hearing.
If you have not appointed a solicitor to represent you we strongly recommend you do.