Turning up at Court

The consequences of not turning up for a court hearing depend largely on the way in which the prosecution has brought you to court. If you have been charged with an offence, police may either release you on police bail or alternatively keep you in detention and bring you before a court as soon as possible.

If the offence is a serious one and it is felt that you may not turn up for your trial, commit further offences or may interfere with witnesses, you may be “remanded in custody.” This means that you will be kept in prison and required to appear in court. This could either be in person, or using a system known as “live link” closed circuit television. The police investigation will continue until a decision has been made by the Public Prosecution Service (PPS) either to prosecute or not to prosecute you for the offence. Either way, police or prison staff will ensure you appear at court.

However, depending on the nature of the offence, you may be able to apply for bail either in the Magistrate’s Court, Youth Court or High Court.

If you have been charged to appear at a court and released on police bail, then you must appear in person to answer to your bail. Failure to do so may result in a warrant for your arrest being issued by the Magistrate to have you brought to court.

Your agreement to enter into bail (called a recognizance) is simply your promise that you will not abscond but will turn up for your hearing at court. If you do not turn up for your hearing, the Magistrate may issue a warrant to police to find and arrest you and have you brought to court. You may also have to pay money for breaching your bail conditions by not turning up for court. Another person may also be required to guarantee that you will turn up, and if you fail to do so, that person (called a ‘surety’) may also have to pay a sum of money because of you breaking your promise to attend court.

If you have not been charged with a criminal offence then, after the police investigation is finished, they may report the case to the Public Prosecution Service (PPS) where a decision will be made on whether to prosecute you for the offence. Alternatively, a decision may be made for police to administer a Formal Caution or Informed Warning.

If you are a youth, your case may be referred to the Youth Justice Agency for them to consider whether youth conferencing is appropriate in your case.

If, however, the offence is a particularly serious one, a further decision will be made by the PPS whether to bring the case before the Magistrates’ Court or the Crown Court.

If the PPS decide not to prosecute you, then you will be told that no further action will be taken against you. There is no need for you to attend court.

However if a decision is made to prosecute you in the Magistrates or Youth Court, then a summons may be sent to you either by post or served upon you by a police officer. You should attend court at the location and date written on the summons. The offence you are accused of will also be set out in detail on the front of the summons.

If you do not turn up for your hearing, the Magistrate may issue a warrant to police to find and arrest you and have you brought to court.

If you do come into contact with the criminal justice system either as the result of being arrested, charged or having received a summons to attend court, then you should first seriously consider obtaining legal advice. It is important that you tell police aware if you wish to do this, as legal aid may be available to help you. A legal representative will advise you of your rights at all stages in the criminal justice process. Your rights will vary depending on how you have come into contact with the system.

For certain offences (mainly those where a prison sentence may be imposed), you must attend court in person. In other cases you may be able to plead guilty by post or instruct a solicitor to appear at court on your behalf. The summons itself or an accompanying document entitled “Notice to Defendant” may be of assistance in explaining your rights and responsibilities but, if you are in any doubt, it would be advisable to seek legal advice or, at least, to appear at court in person.