Receiving what used to be referred to as a court summons can be an intimidating experience. Whether it’s for a driving offence, or a more serious criminal matter, that official document ordering you to appear in court can raise many questions and concerns. But don’t panic – understanding the process can help ease your worries and prepare you for what’s ahead.
What is a court summons?
A court summons or a postal requisition, or now more commonly referred to as a notice of criminal charge is an official document that orders an individual to appear in court on a specified date and time. It’s a formal notification that legal proceedings have been initiated against you or that your presence is required in court for other reasons.
This legal document should not be ignored. It provides details about the nature of the case or charges against you, specifies the court location, date, and time you’re required to attend, and may include information about how to respond or plead to the charges.
How are court summons delivered in the UK?
A court summons can either be delivered to you in person or sent in the post or via tracked or recorded delivery to your last known address. In some cases, the police may contact you to inform you of their intention to prosecute, indicating that a summons is on the way. However, this is not always the case, and a summons may arrive unexpectedly.
For summary-only offences, where the maximum penalty is up to three months in custody, you have the option to plead guilty by post, without needing to attend court. For more serious offences, however, you will be required to attend court to enter your guilty plea.
What can you receive a court summons for?
Court summons can be issued for a wide range of reasons. Some common reasons include:
- Criminal offences: From minor infractions to serious crimes.
- Traffic violations: Speeding, driving without insurance, or other road offences.Jury duty: To serve as a juror in a trial.
- Witness testimony: To provide evidence in a case.Remember, receiving a summons doesn’t necessarily mean you’re guilty of an offence. It’s a formal part of the legal process, and you have the right to defend yourself or seek legal representation.
Do I have to attend the court date on my summons?
Generally, yes. A court summons is a legal order to appear in court, and failing to attend can have serious consequences:
- For criminal cases, the court may issue a warrant for your arrest.For jury duty, you could face penalties for failing to appear.
However, there are some exceptions:
- If the summons allows for a written plea, you may be able to respond by post for certain minor offences.
- In some cases, your legal representative may be able to appear on your behalf.
- If you have a valid reason for being unable to attend, you should contact the court immediately to explain your situation and possibly reschedule.
If you’re unsure about whether you need to attend or have concerns about the summons, it’s best to seek legal advice promptly. At Lawtons, we can guide you on the appropriate course of action based on your specific circumstances.
What happens at the hearing on the day of my court summons?
The proceedings on the day of your court summons can vary depending on the nature of the case, or what you are there for but there are some general steps you can expect.
Upon arrival at the court, you’ll need to go through security checks and find the correct courtroom. It’s suggested that you arrive early to allow time for this process. Once inside, you’ll need to report to the court clerk to confirm your attendance.
Courts often handle multiple cases in a day, so you may need to wait until your case is called. For criminal cases, if you are the defendant charges may be read, and you’ll likely to be asked to enter a plea.
After the initial proceedings, the court will decide on next steps. This could include setting a trial date, issuing a verdict or judgment, scheduling further hearings, or in some cases, dismissing the case.
Throughout this process, if you have legal representation, your solicitor will be there to guide you, explain proceedings, and advocate on your behalf.
At Lawtons Solicitors, we understand that attending court can be a daunting experience. We have extensive experience in handling a wide range of cases, including drink driving, drug driving, and driving disqualification cases. Our expertise in these areas allows us to offer specialised guidance and robust defence strategies. If you’ve received a court summons, whether for these specific offences or any other legal matter, don’t hesitate to contact us for professional advice tailored to your situation.
