If you’re dealing with a pending court case, it’s natural to have questions about what you can and can’t do – especially when it comes to travelling abroad. UK law places specific conditions on individuals with ongoing legal proceedings, and these can vary depending on the nature of the case. Below, we’ll explore your travel options, your rights under UK law, and how to approach this situation with the right legal advice.
What should you do if you have a pending court case?
The most important thing is to stay engaged with your case and follow any legal requirements. In the UK, this means attending all court dates, following any bail conditions, and staying in regular contact with your solicitor. Ignoring these obligations can lead to serious consequences, like stricter restrictions or even further charges or being remanded in custody if it is perceived you are a flight risk. A good solicitor, like our team at Lawtons, will explain everything clearly, making sure you know what’s expected and helping you feel more in control of the process.
Can you travel while a court case is pending?
Whether you can travel while facing a pending court case depends on several factors, including the nature of the charges and any conditions imposed by the court.
For minor cases, there may be no explicit restrictions on your travel. However, for serious offences, bail conditions often include a residence condition, a police station reporting requirement or the surrender of your passport or a prohibition against leaving the country or applying for certain travel documents. The courts may also require you to remain available in the country to attend any hearings and comply with ongoing investigations.
What factors influence travel permissions during a pending case?
Determining whether you can travel while a court case is pending depends on specific considerations and are typically case specific. These considerations help the court assess the risks and ensure the legal process isn’t disrupted. Here are the key elements:
Type and seriousness of the case
The nature of the charges plays a significant role in deciding travel restrictions. For minor offences, courts are generally more lenient, but serious charges such as fraud, serious assault, or other indictable offences may result in strict travel conditions.
At the same time, defendants facing potential custodial sentences or with fewer community ties are often viewed as higher flight risks, making travel restrictions more likely.
Bail conditions or court orders
In many cases, bail conditions explicitly outline travel restrictions. Common bail terms in the UK include:
- Daily curfews requiring a residence to a particular address
- Surrendering your passport to prevent international travel.
- Restricting movement to a specific geographic area.
- Requiring regular check-ins at a police station.
To travel, you’ll need to request a variation of these conditions through your solicitor, who will submit a written application and then present your case to the court.
Perceived flight risk
Courts assess the likelihood that a defendant might flee to avoid prosecution. The factors that could influence this assessment include:
- The severity of potential penalties.
- Ties to the UK, such as family or employment.
- Previous compliance with bail conditions and court orders.
Travel is unlikely to be approved if you’re deemed a flight risk.
What happens if you leave without permission?
Leaving the UK without permission during a pending court case is a serious offence. It violates bail conditions or court orders, potentially leading to additional charges, an arrest warrant, or forfeiture of bail money if that was the condition of bail..
Courts view unauthorised travel as an attempt to evade the legal process, which can negatively impact the outcome of your case.
Can you request permission to travel with a pending case?
You can, in fact, request court permission to travel by applying for a variation of your bail conditions. Your solicitor will submit this application, explaining the reasons for travel, its urgency, and assurances of your return.
The courts will then evaluate these requests on a case-by-case basis, considering the necessity of travel, your history of compliance, and the stage of your case. Travel for emergencies, such as medical reasons or family matters, is more likely to be approved than for leisure if that can properly be evidenced and is checked out.
What are your legal rights if travel is restricted?
If your travel is restricted, you have the right to challenge and request a variation of bail conditions under UK law. Our team can argue that the restrictions are disproportionate or cause undue hardship. The courts are required to balance your rights with the need to ensure justice is served. If you are successful in your application, the court may modify the terms to accommodate your situation while providing necessary safeguards are in place.
At Lawtons, we’ll work with you to protect your rights and help you seek a fair resolution if your travel is unjustly restricted. Contact us today to discuss your case and how we can support you through this challenging time.
