None Show At Court

[Survivor1234]

Hi

I wonder if you can tell me what happens next ?

My ex partner was due in court yesterday charged with AHB against myself ( he’s pleaded guilty ) however he falled to attend, his solicitor was there though.

I called the police last night as I was concerned about my safety and they apparently went to visit him earlier before I called as there was concern for his welfare as he didn’t also turn up for an probation appointment for another conviction earlier this week.

When they arrived he was very very drunk ( he’s an alcoholic and had paid privately for a month in rehabilitation a week after he attacked me ) The police went with a mental health outreach worker and they have put in place some support for him regarding his mental health ( tbh I think this is all an excuse regarding his mental health for not turning up at court !

He’s also been charged with breaching his suspended sentence which was issued by the courts a week before he attacked me.

What will happen now ? I’m so stressed and anxious it’s unbelievable, he’s putting me through total hell

[dannyk13]

He will probably be taken back to court and sentenced for both offences.

[New Judge]

Do you know i the court issued a warrant for his arrest? Or did his brief manage to persuade the court to extend his bail to a later date? What happens next depends very much on the answer to that question.

[Survivor1234]

A warrant for his arrest has been issued

[New Judge]

Then, provided it was a "warrant without bail" (which it almost certainly would have been) he will be arrested and held until the next available court session when he will be taken there in custody. This could be the same day (if he is arrested in time to get him to court before their business ends), the next day or, if he is arrested after about midday on a Saturday, Monday morning.

When he appears the court will either sentence him as they would have done had he appeared on the due date or (more likely because it is doubtful his case papers will be available at that appearance) the matter will be adjourned. The court will decide whether or not to remand him in custody or grant him bail. The likelihood is, since he failed to appear, he will be remanded in custody.

[Survivor1234]

Will this supposed mental health breakdown help against another charge for not turning up at court ?

Apparently he told the police he wasn’t aware he was supposed to be there ! If that’s the case who told his solicitor of the date as she managed to turn up in time !

How will the magistrates look at his sentencing overall with him not turning up .... will it help my case ?

[New Judge]

Him not turning up will not influence the sentencing for the signature offence, though he could face, separately, an offence under the Bail Act. I could not say whether or not the court will accept his alleged mental problems as an excuse for failing to appear. If he has been in regular contact with his solicitor (who did manage to make it to court on the appointed day) it cannot help his case.

[Survivor1234]

I think the solicitor has suggested he goes down the mental health route so he gets a softer sentence