What Will Happen if I Don't Turn Up at Court?

Author: Dave Howell

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.

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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 here and here. You will also find information 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.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Court Preparation Checklist lets you going to court for the first time can be overwhelming. Tell us your situation and get a personalised checklist covering what to bring, what to wear, what to expect, and how to prepare. Try it now →

20 Comments (of 274)

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Tonks 10 Feb 2024

My partner is in court in Birmingham Crown in June CPS have ordered me to court on this date I've with drawn my statement I still won't to be with my partner and have told them I nit going yo attend court what will appent to me if I don't go

RMD777 18 Sep 2023

Hello, Please can you help me. I am a victim of crime, the perpetrator was arrested for theft and fraudulent activities. Passed to the CPS they proceeded on the aspect of fraud which I was assured would not affect my position in consideration of me being substantially out of pocket for my losses and put into debt liability for recovery and storage fees. The CPS failed to prosecute claiming the case collapsed due to the witness for the other side failing to attend. However the provable facts behind why this occurred was down to several fatal errors made in the CPS procedure which have since been explained using false accounts of what actually went on as my records can prove. These have since been passed to the CPS Attorney who recently provided me with their version of events for the first time which confirmed with me those discrepancies and errors made (also pointed out by the Victim Care liaison officer). The Attorney suggested no way for me to further this matter other than contacting CAB. Hence I am left completely helpless and out of pocket whilst the perpetrator 'walks free' who unbelievably but claimed to be true carries my same name which may or may not added to the failings made by the CPS for what I was reliably informed by them was an open and shut case only strengthened if witnesses failed to attend. Any assistance would be greatly appreciated and a full account can be made available anytime. Yours faithfully, Russell Davies.

Ramona1981 12 Jul 2022

Prietenul meu nu sa prezentat la tribunal in Scotia ca martor de 3 ori astazi 12 iulie sa prezentat si mai are pe 27 iuliece se poate intampla cu el poate fii arestat multumesc

Mrman 2 Oct 2021

Jennie, If you have any genuine concern for your ex or still have any feelings for him do him the best thing that you can do for him and walk away Delete his details and change your number and never have any contact ever again ANY police involvement now will see him being sent to prison as now there is previous with you both that the courts now

MrMan 2 Oct 2021

To all who have wrote before me, Advice is simple …. Seek legal advice ! Don’t seek advice about your life and future from strangers online. Get it from the pros the courts will tell you any old rubbish and it could lead to a bigger issue. Read up on the laws in this country that’s relevant to your situation; It’s all online and easy to follow but first and foremost get in touch with a solicitor and have a free chat and get proper invaluable and lawful advise I hope this helps

Saj 26 Aug 2021

My friends husband was unable to attend a court hearing this week on the 24th August 2021. The herring was not in person but over the phone at Nottingham County Court. The reason for his non- show was due to an administration error on the part of the court. The letter instructions said the appointment will be at 12.30pm but he received the call at 10am, 2hours sooner than stipulated in the letter. He was unable to take the due to a prior engagement. His wife has emailed the initial letter instructing the herring to explain their reason for a no-show but is concerned whether this will further penalise her husband’s case.

Kaz 30 Mar 2021

My ex partner failed to attend the trail last week does anyone know what will happen will he be caught or just left until he does something else involving the police .

Dor 26 Mar 2021

I missed a court hearing 10 years ago,I live in Ireland will I be allowed back to England without arrest?

Ged 9 Feb 2021

Hello there, i need an advice: Ive missed a court date a year ago cause of corona but didnt report it to no one :( (was on bail) for a DD charge (played not guilty as I actually wasnt driving). What are my options/consequences?Thanks

Joshua 22 Jan 2021

Question, can you be arrested at home and detained in a cell overnight and produced for a scheduled court appearance on the basis of telling the police on the phone that you intend not to show up for court, the day before the court date?

Dr Grelode 6 Jan 2021

You should always attend if you can, the police usually will go to your house or place of work. Generally 3-6 month custodial (jail).

Taz Manila 24 Sep 2020

If you go to court and take the stand in a family court can you refuse to answer the other sides Questions

Mr j 23 Sep 2020

My ex tried to serve a non molestation order on me it was dropped due to her not turning up as required . I have lies and prof she was lieing what can I do stop this from happening again

haggis 5 Sep 2020

Got a citation today but the event was over a year ago and didn't witness anything as my statement said so why am I getting called up to court?

kakashi 25 Aug 2020

wondering if anyone could help. My solicitor has forgot to attend the court date, what happens to me as the defendant?? Can someone please advise. Many thanks

bobbi 8 Aug 2020

my partner is out on bail for domestic abuse girlfriend with his mouth i never got him charged it was.the police that charged him there no aitness so if i dont go what would happen to her and would her boyfriend get the jail or comment service

Hod 19 Jul 2020

I got pulled over by the police speeding and driving without a licence and insurance what will happen next?

Marla76 10 Jul 2020

My girlfriend was assaulted in the street by an ex employee of mine. As my girlfriend was going to the shop she saw the girl sitting in a car outside. As it was the first time she had seen her since the ex employee stopped working which was a bit messy in the fact that we both classed each other as friends, my girlfriend felt a bit awkward and nervously smiled as she passed the car. After getting what she wanted from shop she left and started walking up the street. The ex employee then drove along side then got out leaving the car in the middle of a busy road blocking traffic and proceeded to attack my girlfriend from behind dragging her to the floor and kicking and punching at the same time. A member of the public had to intervene to stop the girl and gave my girlfriend a lift 200m up the road to home. At court she pleaded not guilty even though there is a statement from the passer by. My girlfriend is anxious about going to court and it is making her Ill. If my girlfriend does not attend will she get off at court?

You 28 Mar 2020

If i was involved in an assault as a victim amd i am summons to court what happens if i dont attend

Rayray 14 Dec 2019

Me and my ex got into it verbally I removed my elf from the house after asking for my stuff weeks ago now to hear I have to attend court and if I don’t I will have a warrant do I just walk up with nothing no one and say hi what do I do don’t seem fair!!!

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