Failure To Appear in Court in The UK: What Happens Next?

10th January 2025
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Massimo Trebar

Partner

Attending court as required is a fundamental responsibility when involved in a criminal case. But what if circumstances prevent you from appearing? What consequences might you face? Are there valid reasons for absence? These questions can weigh heavily on anyone involved in legal proceedings. Below, we explore the implications of missing a court date and provide essential information for those navigating the criminal justice system.

What happens if you fail to attend a criminal court case? 

Missing a scheduled court appearance can have serious repercussions. As such, it is imperative that you make yourself aware of the outcomes below:

Issue of warrant for arrest 

Failing to appear in court often results in the immediate issuing of a warrant for your arrest. This means the police are allowed to apprehend and arrest you at any time. The warrant remains active until you’re brought before the court, creating ongoing legal jeopardy for the individual involved. Perhaps the most humiliating outcome of them all as you may be arrested unexpectedly – at home, work, or even during routine activities. The stress of knowing a warrant is out for your arrest can be considerable, and resolving the situation typically requires swift legal intervention to mitigate potential consequences.

Impact on bail conditions 

A missed court appearance can seriously impact the conditions of your bail. Failing to attend a court is considered a violation of your bail conditions, and can result in bail being completely revoked. This would mean that you end up being taken into custody and held there until the time of your next court hearing. This only adds to the stress of undergoing a criminal court case, as it may influence your ability to liaise with lawyers and prepare for court effectively. It will also mean that you have to spend more time away from your family, friends and support network, rather than having them to rally around you before your next court date. 

Additional charges 

Failure to attend court could result in being taken into custody, and can also lead to further criminal charges. As a result of the Bail Act 1976, failing to attend court is a criminal offence, and could see you facing more charges. Entirely separate from the charge for the original offence, failure to meet bail requirements can induce further legal penalties, such as fines or even imprisonment. Having another charge will exacerbate your legal predicament, becoming a consideration in the following legal proceedings. 

Effect on criminal case outcome 

By not showing up to court, you could seriously impact the outcome of your case. Failure to attend court creates a negative impression which could adversely affect the judge and jury’s perception of you. This could go so far as to result in an adverse judgement due to a perceived lack of respect for the court and the legal system. In turn, this could impact the court’s decision regarding sentencing, often at times leading to harsher punishment if found guilty. 

Are there any valid reasons for not attending court in the UK?

There are valid reasons why someone may be unable to attend court. Allowances are made for certain circumstances, such as sudden illness or emergencies, in essence the question is whether you have a reasonable excuse. However, in every case it is imperative that the court and legal representation are made aware of this as soon as possible. If you do have a reasonable excuse and a warrant is issued because it has not been communicated, it is incumbent on you to surrender as reasonably practicable once that has ended.  In all circumstances, you should provide the court and your legal team with evidence to support the reason you are unable to attend court on the predetermined date. If you don’t want your inability to attend court to impact the court’s perception of you in the following proceedings, then maintain swift and honest communication with both the court and your legal team, keeping them informed of any changes. 

Want to find out more about how Lawtons Law can help you prepare for a criminal trial? Contact us today to find out more about how our team can support you by managing court dates and bail conditions. 

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