News3 mins ago
Missing a Court Date
11 Answers
A friend of mine was charged with Violent Disorder in April of this year and has already attended Magistrates Court twice, he now has a preliminary hearing at Crown Court coming up. So far he has not entered a plea however I understand he will most likely be entering a Guilty plea at the next opportunity.
The problem he has, is that he booked a holiday in January of this year (long before he was charged) which clashes with the date of the hearing. He requested that the date be moved to before or after his holiday, the CPS agreed with this. However the Judge has refused the application, because of the number of co-defendants involved.
Despite what the Judge has said, my friend is intending to travel anyway. He is aware that a warrant will be issued for his arrest, and intends to hand himself in upon his return. Now I don't want to discuss the rights and wrongs of his decision, but what is the likely outcome of this? His solicitor has advised that he could be remanded until the case comes to trial, which could be a long time. What are the chances of this?
The problem he has, is that he booked a holiday in January of this year (long before he was charged) which clashes with the date of the hearing. He requested that the date be moved to before or after his holiday, the CPS agreed with this. However the Judge has refused the application, because of the number of co-defendants involved.
Despite what the Judge has said, my friend is intending to travel anyway. He is aware that a warrant will be issued for his arrest, and intends to hand himself in upon his return. Now I don't want to discuss the rights and wrongs of his decision, but what is the likely outcome of this? His solicitor has advised that he could be remanded until the case comes to trial, which could be a long time. What are the chances of this?
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Sadly changing the dates isn't realistic due to time booked off of work and the other people he is travelling with. He has spent a long time saving up for the holiday and is obviously desperate to go. He tried to go down the proper channels to have the dates changed and been refused. Basically he is now trying to weigh up the pros and cons of whether to go or not. The offence itself usually carries a Custodial Sentence upon conviction and he is well aware of this, so he is thinking that if he is facing going down anyway he might as well go on a holiday beforehand.
The Contempt of Court Act 1981 is used to protect the integrity of the court and is used to prevent unruly behaviour “in the face of the court” (e.g. interrupting proceedings) or to prevent publication of inappropriate reports on proceedings. Strictly speaking it could be argued that deliberately refusing to answer bail is “Contempt of Court”. However, that would probably involve interpreting the 1981 law more widely than is usual, Also, a perfectly acceptable alternative exists in the Bail Act and your friend would almost certainly have a charge under that act levelled against him when he surrenders.
If, as is likely, a warrant “without bail” is issued by the judge your friend will be taken into custody when he surrenders himself (if he is not arrested beforehand) and held until he is produced before the court. In sentencing for the Bail Act offence the judge will consider the reason for non-attendance and the consequences. From sentencing guidelines “Deliberate failure to attend causing delay and/or interference with the administration of justice” a “starting point of 14 days custody is suggested. There is no doubt that his absence will be seen as deliberate. What effect it has on the administration of justice (bearing in mind that the hearing is pre-trial) is for the judge to decide.
In addition, as has been suggested, your friend’s bail could be withdrawn, leaving him in custody until the trial date. However, this should have little or no influence on the sentence for the substantive offence (assuming he is convicted).
Your friend should think long and hard about his proposal to absent himself. He has asked for a change of date and has been refused, and this will not sit too well with the judge. He may find himself spending some time in custody.
If, as is likely, a warrant “without bail” is issued by the judge your friend will be taken into custody when he surrenders himself (if he is not arrested beforehand) and held until he is produced before the court. In sentencing for the Bail Act offence the judge will consider the reason for non-attendance and the consequences. From sentencing guidelines “Deliberate failure to attend causing delay and/or interference with the administration of justice” a “starting point of 14 days custody is suggested. There is no doubt that his absence will be seen as deliberate. What effect it has on the administration of justice (bearing in mind that the hearing is pre-trial) is for the judge to decide.
In addition, as has been suggested, your friend’s bail could be withdrawn, leaving him in custody until the trial date. However, this should have little or no influence on the sentence for the substantive offence (assuming he is convicted).
Your friend should think long and hard about his proposal to absent himself. He has asked for a change of date and has been refused, and this will not sit too well with the judge. He may find himself spending some time in custody.
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