Defendant Walkthrough - What if I don't turn up? FAQ
What does 'Remand in Custody' mean?
Where there is thought to be a high risk of you failing to turn up at court, committing another offence, intimidating a victim or witness or obstructing the course of justice the police will keep you in detention and take you to the magistrates' court. The Crown Prosecutor will be given details of the offence and reasons why the police think that you should be remanded in custody to a prison. It is up to the prosecutor to decide whether or not they agree with the police recommendation. One of the things they will think about will be circumstances and potential threat to the victim or other witnesses.
You will usually be represented by a solicitor who will act on your instructions, and may argue that you should be given bail. After hearing the prosecutor and the defence solicitor (or yourself), the magistrates will decide on bail. If you are remanded in custody, you may apply one more time for bail to the magistrates or judge (if you apply to a magistrate and that application is refused you can then apply to a judge). After this you cannot make any more applications unless you can persuade the magistrates that something about the case or personal circumstances have changed.
What is conditional bail?
Where the police think there is a risk that you may commit another offence, fail to turn up at court, intimidate the victim or other witnesses, or obstruct the course of justice, they can impose conditional bail. The police can also impose conditions on bail before they have charged you. This means that your liberty is restricted in some way. For example, there may be a condition not to go within a certain distance of a witness's house, or there may be a curfew if the offence was committed at night. The victim of the crime can ask the court to reconsider the conditions of your bail. If you are reported or believed to have breached one of the conditions, you can be arrested and put before a magistrates' court where you may be remanded in custody.
What is unconditional bail?
If the police think that you are unlikely to commit another offence, will attend court when required, and will not intimidate the victim or other witnesses or obstruct the course of justice they will usually release you on unconditional bail. This requires that you turn up to court on time. If you do not turn up, the court will issue a warrant for your arrest.
What is a 'sentence discount'?
If you committed the offence, pleading guilty at an early stage in the proceedings will usually lead to a shorter sentence - this is known as a sentence discount. Magistrates and judges will take into account the stage at which you entered your guilty plea, and the circumstances in which the plea was made. If a discounted sentence is passed, this will be stated in court.
Other factors, including your age, background and criminal history, and whether or not you have shown any remorse can all be taken into consideration when you are sentenced.
May I leave the court at all during the day?
No, unless you have permission from the court. Ask your legal representative.