What Would Happen if I Don't Turn Up at Court?
Q.
What would happen to me if I did not attend court as a witness? I have no evidence in the case and do not wish to go, it is only a minor case so could I get arrested or would I just get a fine?
A.
The type of case you are involved in will determine what could happen if you don’t attend court as a witness. Even if you don’t think you have any evidence to give to the court, this isn’t your decision to make. The person that is bringing the court case will have a solicitor who will decide whether you should attend court to give whatever evidence they think you have that is pertinent to the case.
Generally speaking you should not have any serious consequences if you don’t actually attend the court. However, it may be the case that if you don’t attend and you have not informed the police or the PPS (Public Prosecution Service) that you won’t be attending, a witness summons may be issued. If this happens you are compelled to attend the court on the stated time and date. If you fail to attend the court after a witness summons has been issued, a warrant for your arrest would then be granted.
Also, making an excuse that you are ill for example is not good enough. You would have to produce a doctor’s medical certificate that states that you are not in a fit state to attend the court. If other events prevent you from attending court, you should let the court know as soon as possible. Depending on the seriousness of the case and how essential your evidence is, you may be excused attending.
Lastly, if you want to ensure that if you do not attend court you will not be prosecuted or arrested by the police, you can apply to the court for a decision on whether you do actually have to attend the court to give your evidence. Contact the court where the case is being heard for further details about how to make this application. Note that a fee is payable to gain this type of decision from the court. There is more information about going to court as a witness on the HMCS (HM Courts Service) website including a number of leaflets that explain what to expect when being a witness in the different types of court you could be asked to attend.
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