Failing to attend court in the UK is treated as a serious matter. When you are facing a criminal case, you are legally obliged to attend every scheduled court hearing, unless the court has agreed to an alternative arrangement. A missed court appearance can result in an arrest warrant, a breach of bail conditions or further legal penalties.
There are, however, legitimate grounds that the criminal justice system recognises as valid reasons for not attending. The courts will consider your circumstances carefully, but only if you act quickly, inform the court immediately and have an experienced criminal defence solicitor in your corner to provide evidence to support your explanation.
Why attendance at court is mandatory
If you are charged with an offence or released on bail, your obligation to attend your court date is part of the legal process. The requirement is set out in criminal law and applies to both Magistrates’ Court and Crown Court proceedings.
A failure to attend court without a reasonable excuse is a separate criminal offence under the Bail Act 1976. If you do not attend, the court may:
- Issue a warrant for your arrest.
- Order that you be kept in custody until your next hearing.
- Continue with your criminal trial or sentencing in your absence.
Courts in England and Wales expect defendants to take their attendance seriously. If circumstances prevent you from appearing, it's imperative you contact your solicitor or the court immediately. A proactive explanation supported by evidence will help the court handle your absence fairly.
Valid reasons for not attending court
The court will only accept an absence if there is a valid reason and proof that you could not attend. Some of the most common legitimate grounds include:
Serious health issues or hospital admission
If ill health or an emergency prevents you from attending, you must obtain a doctor’s note or hospital letter confirming you were medically unfit to appear. Without medical evidence, your explanation may not be accepted.
Family emergency
A serious illness or bereavement involving a family member may be considered a valid excuse, but you must provide supporting documents and show that you notified your legal team as soon as possible.
Transport or weather disruption
Unexpected transport failures, road closures or severe weather may be considered valid if they genuinely prevented travel. You will need to show that you made reasonable efforts to reach court or to inform your solicitor promptly.
Administrative or communication errors
If you missed your court summons due to incorrect paperwork, a change of address or failure to receive notice, this can be a legitimate reason, but only if you can show it was not your fault.
Remote attendance through a live link
In some criminal cases, the court may allow you to attend by live link (video call), particularly for health or safety reasons. This must be arranged in advance and approved by the judge.
The court will assess your evidence and behaviour. If it believes your absence was unavoidable and that you acted responsibly, your reason is more likely to be considered valid.
What happens if you fail to attend court
If you fail to attend court without a reasonable excuse, the consequences can be severe. What happens next depends on the nature of the criminal charges, how far your legal proceedings have progressed, and whether you’ve complied with previous bail conditions. In some cases, the court can issue an arrest warrant the same day, remand you in custody or allow the prosecution to continue in your absence.
If you’ve missed a court hearing, or believe you may do in the near future, act immediately. This is not a situation to ignore or try to handle alone. An experienced criminal defence solicitor from the team at Tyler Hoffman can step in fast by contacting the court and the prosecution, explaining your circumstances and working to reduce the risk of further legal penalties.
Our team knows how to manage these crucial stages of a criminal case effectively. We can make urgent representations to prevent a warrant being executed, challenge any claim of non-compliance and protect your position to prevent further criminal penalties being added to your record.
Repeated absences and their impact
Repeated absences, even where reasons are provided, will be viewed unfavourably by the court. A pattern of missing court dates damages credibility and increases your likelihood of being taken into custody or having the case continue without you. For serious criminal cases, this could mean being found guilty in your absence or receiving a harsher sentence than if you had successfully mounted a defence, or facing specific penalties for missing your court appearance.
Unless you have a genuine and unavoidable reason for failing to attend, you must attend every court hearing. This will show the court that you are taking the process seriously and will help prevent further complications. It also gives your legal team the best opportunity to build a strong and effective defence to the original charges.
At Tyler Hoffman, our criminal defence lawyers defend clients accused of sexual offences and criminal matters across all types of criminal proceedings, including Magistrates’ Court and Crown Court hearings. We provide clear, direct advice and take immediate steps to minimise the risk of arrest or further action.
If you are facing the prospect of a court trial, call us now on 03300 536 786, or use our online contact form and we will be in touch.
