What Happens If I Don’t Come to a Court Hearing?
Wednesday, August 3rd, 2005
ES : Que pasa si no asisto a una citacion del juzgado?
IT : Cosa Succede Se Non Mi Presento A Un Udienza In Tribunale?
If you fail to attend a court hearing (whether it is an Intermediate Diet (pre-trial hearing) or a Trial) then it is likely that a warrant will be issued for your arrest. (You may be able to arrange with your lawyer for them to attend the Intermediate on your behalf to avoid this at this point.)
If A Warrant Has Been Issued for Your Arrest
If you are resident in the UK (or gave a UK address on arrest) then the local police may come to your house to arrest you. However, they may simply wait until you come to their attention in some other way.
If you come to the attention of the UK police (e.g. You are arrested again or possibly just stopped and questioned/searched) then you will probably be arrested, held and brought to court on the warrant.
Anyone trying to enter the UK with a warrant out for them might be arrested at the port/airport.
If you are facing very serious charges there is the possibility of extradition but you must be facing a possible sentence of 1 year or more for this so it would not apply to anyone being prosecuted using summary procedure (on complaint) which is the vast majority of G8 cases.
If You Are Arrested on a Warrant
You will be brought to court in the court which issued the warrant. This will be the court you were due to appear in but failed to turn up (i.e. Edinburgh, Stirling, Falkirk or Perth Sheriff Courts).
How Long do Arrest Warrants Last For?
Potentially for ever. While it has been our experience of minor cases in Scotland that such warrants (and the accompanying cases) are sometimes dropped after a few years there is no fixed “statute of limitations” in the UK. The political climate around the G8 makes it less likely that they will drop such cases. Anyone facing potentially serious charges is unlikely to have a warrant dropped anytime soon.
What Should I Do if I Have Missed a Court Hearing?
If you have missed a court date assume that there is a warrant out for your arrest. If you want you can check by contacting your lawyer or by contacting the Procurator Fiscal (state prosecutor) and asking.
It would be a good idea to keep the name and telephone number of your lawyer (or one of the lawyers recommended by the G8 Legal Support Group) with you at all times if you are in or coming to the UK.