What do I do if I've missed a Hearing or if there is a Warrant?

Rhys Rosser • July 8, 2024

In 2017, the law was changed which meant that the majority of suspects would be released under investigation rather than bailed. This has had unexpected consequences for defendants not attending their first hearing.

Many defendants will be charged with offences by post, rather than having to attend a police station and be informed of the charges in a more traditional way. This is called being charged by “postal requisition”. It means that the CPS or Police will lay a charge and the summons will be issued by way of requisition. If an individual has changed address whilst they have been under investigation, it may mean that they simply do not attend.


If an individual does not attend and it is a particularly serious offence, for example punishable with custody, the court will issue a warrant for their arrest. This can end up with the individual being arrested when they return from a holiday with no idea why.


If this happens, the first thing to be aware of is that you will be entitled to representation by the duty solicitor for a first hearing. They can be helpful in offering guidance.


It is not a breach of bail to fail to attend nor is it an offence.


The Bail Act 1976 only applies to those individuals who have already been before the Court and released on conditional bail. A failure to attend where an individual is on bail can be very serious, not only is it a breach of bail but it is also an additional offence to fail to attend without reasonable excuse.


If you miss a hearing, it is likely that a warrant will have been issued for your arrest, this can either mean that you are arrested. If this has happened, the first step is to write to the Court and explain the non-attendance. This may mean that you can ensure the warrant is withdrawn.


A lesser known step, if the Court refuse, is to commence judicial review proceedings. This is setting out that there would be civil proceedings challenging the Court’s decision, this can apply to both the Crown Court and the Magistrates Court. This is a very effective tool in having warrants withdrawn.


If you have become aware of a warrant, it is sensible to seek legal advice as a matter of urgency so that it can be resolved. 

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