What Happens If You Don’t Attend Court?

Legally reviewed by: James Bainbridge Apr 2025 In: Criminal Defence

Attending court can feel daunting, whether you are a defendant, a witness, or even called for jury service. However, attending court when required is a legal obligation. Missing your court date, regardless of the reason, can have serious consequences, including arrest, additional charges, and even a criminal record. Understanding what’s expected of you and knowing the risks of non-attendance is essential for protecting your rights and avoiding further complications. In this article, we explain why court attendance matters and what could happen if you do not attend.

Is Attending Court Attendance a Legal Requirement?

The law requires you to attend court on the specified date and time if you face criminal charges or have been released on bail pending your court appearance. The court takes failing to attend at the specified time very seriously. Below, we break down the legal obligations and potential outcomes for each situation.

Legal Obligations and Consequences for Defendants

As a defendant, you must attend court when your bail or summons notice tells you when and where to appear. Not attending court can result in:

Warrant for Arrest: If you do not attend court, the court may issue a warrant for your arrest. This gives the police authority to detain you and bring you before the court.
Additional Criminal Offence: Failing to surrender to bail is a separate offence under Section 6 of the Bail Act 1976, carrying penalties that may include imprisonment or a fine.
Proceedings in Your Absence: The court may, in some circumstances, continue with your trial even if you are not present. This means you lose the opportunity to give your side of the story or present evidence in your defence.

Not Attending the Magistrates’ Court:
If you are on police bail or court bail and fail to appear at the Magistrates’ Court, the court will usually issue a warrant for your arrest. For summary-only offences, which are often less serious matters, the court may decide to proceed without you. This could lead to a conviction taking place without having a chance to speak for yourself.

If you have a genuine and reasonable excuse, such as a medical emergency, you should contact your solicitor and the court immediately and provide supporting evidence, such as a doctor’s note.

Not Attending the Crown Court:
The court treats missing a Crown Court date even more seriously. The judge can issue a bench warrant for your arrest, and the trial may go ahead in your absence. The court could convict and sentence you without your presence, giving you no opportunity to provide evidence or defend yourself.

Legal Obligations and Consequences for Witnesses

For witnesses, if you receive a formal witness summons from the court, you are legally required to attend and give evidence. If you do not attend as required, the court may first adjourn the hearing to give you another opportunity. However, if you continue to fail to attend, the court can issue a witness warrant for your arrest, meaning the police may be instructed to bring you to court. Ignoring a witness summons can also affect the outcome of the case, especially if your evidence is considered essential. In rare circumstances, failure to attend without good reason could result in contempt of court proceedings.

Legal Obligations and Consequences for Jurors

For jurors, attendance is a legal requirement once you have been selected and sworn in for jury service. If you fail to attend without being formally excused by the court, you may face a fine of up to £1,000. The court takes non-attendance very seriously and can also hold you in contempt of court, which is a criminal offence and may result in further penalties. If you are genuinely unable to attend, you must notify the court as soon as possible and provide supporting evidence, such as a medical certificate.

Why Court Attendance Matters?

Failing to attend court does not just delay proceedings but it can have a lasting impact on your legal record and your personal circumstances. If you feel unsure about your obligations or worry that you may not be able to attend court, seek legal advice as soon as possible.

Consequences of Failing to Attend Court

Failing to attend court when required is a criminal offence and can have significant implications on both your current case and your future.

Failing to Surrender to Bail

Section 6 of the Bail Act 1976 treats failing to surrender to custody at the appointed date and time as a separate criminal offence. If you do not attend court as required, the authorities can prosecute you for failing to appear and also proceed with your original offence.

The penalties for this offence are significant. In the Magistrates’ Court, the maximum sentence is up to three months’ imprisonment and/or a fine. In the Crown Court, the penalties can be even harsher, with the possibility of a sentence of up to twelve months’ imprisonment. The court takes these matters seriously, as failing to attend undermines the justice process and causes unnecessary delays.

Impact on Your Original Case

Missing your court date can also have a direct and negative impact on your existing criminal case. If the court proceeds without you, it may convict you before you have the chance to defend yourself or present your own evidence. If the court issues a warrant and the police arrest you, the court may keep you in custody until your case is heard. This can disrupt your daily life and make it more difficult to prepare your defence.

Additional and Longer-Term Consequences

The consequences of missing court do not end with criminal charges or immediate penalties. If you fail to attend court, it may be much harder to obtain bail in the future, as the court may see you as a risk of absconding. If you are ever sentenced for the original offence, the court can take a conviction for failing to surrender into account, which may lead to a harsher outcome.

In addition to the legal implications, there can be practical and personal consequences. For example, if you have an active warrant for your arrest, potential employers may discover it during background checks, which can affect your employment. It can also restrict your ability to travel abroad, especially if your case becomes known to border authorities.

If you are unable to attend court for a genuine reason, it is crucial to contact your solicitor and the court immediately to explain your circumstances and provide supporting evidence. Seeking legal advice at the earliest opportunity gives you the best chance of avoiding the more severe consequences.

What If You Have a Genuine Reason for Not Attending Court?

The courts recognise that there are circumstances such as medical emergencies, or unavoidable events, where attending court as required simply may not be possible. However, by taking the correct steps to explain your situation you can help avoid negative consequences.

If you know in advance, that you will not be able to attend your scheduled hearing, you should contact your solicitor as soon as possible. Your solicitor can notify the court on your behalf and advise you on the next steps to take. If you inform your legal representative and the court as early as possible, they are more likely to consider your reason fairly.

You will usually need to provide supporting evidence, such as a medical certificate if you are unwell, or any relevant documentation to demonstrate why your attendance is not possible. The court will assess your explanation and decide whether your absence is justified. If the court accepts your reason, it may reschedule your hearing for a later date.

You should understand that the court will not accept simply forgetting your court date or choosing not to attend because it is inconvenient as a valid excuse. The courts expect all parties to treat attendance as a serious legal responsibility.

How Can Cartwright King Help if You Can’t Attend Court?

If you are unable to attend court or have already missed a hearing, contact our Criminal Defence team as soon as possible. We will advise you on your next steps and represent you if the court issues a warrant or charges you with failing to surrender to bail.

Our priority is to minimise the consequences and protect your rights throughout the process. If you have any concerns about attending court, get in touch with Cartwright King for expert support and guidance.