Defendant Walkthrough - What if I don't turn up?
What if I don't turn up?
It is the court who will hear the evidence against you and decide whether or not you are guilty. Whatever you do, make sure you turn up at court. If you think you may have problems showing up, tell your solicitor or the court at once.
It is important that you arrive at court in good time whenever you are told to. Not turning up without good reason is a criminal offence and you could be punished with up to 12 months in prison. Not turning up wastes everybody's time – the court's, the police, witnesses', victims' and solicitors' – and that is why it is taken seriously.
If there is an emergency and you think you cannot get to court, contact the court and your solicitor as soon as you can (before the hearing date if possible). If you cannot attend for medical reasons, you will have to get a medical certificate from your doctor to prove that you were not fit to go to court.
If you do not turn up at court and you did not give the court a good reason for this before the hearing, a warrant will be issued for your immediate arrest. You may then be kept in custody to be brought back to the court. You may also be remanded in custody until your trial.
Depending on the charge against you, your case can be heard without you being there – this will mean you don't get the opportunity to defend yourself.
You will be charged with the extra offence of 'failing to appear', even if you are later found not guilty of the original charge. The maximum penalty for this offence is 12 months imprisonment if found guilty in a Crown Court and 3 months in a magistrates' court. Any sentence for failing to appear will usually be added to any other sentences and will be dealt with before the original charge is dealt with.
A conviction for 'failing to appear' will go on your criminal record and will influence any decisions about whether you should get bail if you are charged in the future.
If you want to plead guilty and do so at an early stage, you are more likely to get a less severe sentence. By failing to turn up to make a plea, you may miss out on the opportunity to receive a reduced sentence.
These consequences will also happen even if you turn up to court but leave for some reason and fail to appear when your case is called. If you cannot get to court on time, you should go to the court or a police station as soon as possible. You may have a good reason, but it is still an offence if you do not attend as soon as you can.