What Happens If You Miss a Criminal Court Date?
Failing to attend a criminal court hearing without good reason is a serious matter. A warrant for your arrest is likely to be issued and you may face additional charges.
Quick Answer
If you miss a criminal court date without a good reason, the court will almost certainly issue a warrant for your arrest. In some cases you can be charged with 'failing to surrender to bail', which is a separate offence. Attend court or instruct a solicitor to appear on your behalf as soon as possible.
Full Explanation
Failing to appear at a scheduled criminal court hearing is treated very seriously by the courts. Under the Bail Act 1976, any person released on bail is under a legal duty to surrender to the court at the appointed time and place. Failure to do so without reasonable excuse is a criminal offence in its own right โ a summary offence punishable by up to three months' imprisonment (or up to 12 months if the Crown Court is involved).
In practice, when a defendant does not appear, the court will consider the circumstances. If there is no prior notification and no apparent reason, the court will typically issue a bench warrant (an arrest warrant) for the defendant's immediate arrest. The police will be notified and the warrant will remain live on the Police National Computer (PNC) until executed โ this can affect employment, travel, and any future police encounter.
If you had a good reason for missing the hearing โ serious illness, a family emergency, or a genuine miscommunication โ your solicitor should attend the court immediately on your behalf, explain the circumstances, and apply to discharge (cancel) the warrant. The court has discretion to discharge a warrant without bail on a promise that you will attend the next hearing.
The consequences of a bench warrant extend beyond the immediate arrest. If you are arrested on the warrant, you are likely to be held in custody until the next available court sitting, and the court may then be reluctant to grant bail again. A bail record showing failures to appear can affect sentencing in any future proceedings.
If you have missed a hearing and become aware of the warrant, the best course of action is to instruct a solicitor and voluntarily attend the police station or court as soon as possible โ voluntary surrender is treated more favourably than being arrested.
Legal Basis
- ยงBail Act 1976, section 6 (failure to surrender โ criminal offence)
- ยงMagistrates' Courts Act 1980, section 13 (bench warrant)
- ยงCriminal Procedure Rules 2025
What To Do
Contact Your Solicitor Immediately
If you realise you have missed a court date, call your solicitor immediately. They can attend the court on your behalf, explain the circumstances, and apply to discharge the warrant or relist the hearing.
Do Not Wait for the Police to Come to You
Voluntary surrender demonstrates good faith to the court. Arrange through your solicitor to attend the court or police station voluntarily. Courts treat voluntary surrender far more favourably than arrest.
Gather Evidence of Your Reason
If you had a genuine reason for missing the hearing, gather evidence: hospital records, a doctor's letter, evidence of the emergency. The court will want to see a credible explanation.
Prepare for a Bail Application
If you are arrested on the warrant and brought before the court, you will need to make a bail application. Having a solicitor present to address the court is strongly advisable. Ensure any sureties or bail addresses are confirmed in advance.
Address the Failure to Surrender Charge Separately
The court may charge you with failing to surrender as a separate offence. Your solicitor can advise on whether to contest this or enter a guilty plea, and on how best to address it alongside the original proceedings.
Important Warnings
Do not ignore the warrant โ it will not go away and will affect you every time you have any contact with the police.
A bench warrant is a matter of public record and will appear on enhanced DBS checks.
If you are on bail with conditions (e.g., curfew, residence) and you have breached those conditions in addition to missing the hearing, the court is even less likely to grant bail again.
What the CPS charging guidance says
โWhen a defendant fails to appear at Court, the prosecutors should generally apply to the Court for a warrant without bail. In exceptional circumstances, they may use their discretion as to whether a warrant backed for bail may be appropriate.โ
Crown Prosecution Service, Bail โ Contains public sector information licensed under the Open Government Licence v3.0.
Frequently asked questions
- What happens if I miss my criminal court date?
- If you miss a criminal court date without good reason, the court will likely issue a bench warrant for your arrest. This warrant remains active on the Police National Computer until executed, which can impact employment, travel, and future police interactions. You may also face a separate criminal charge for failing to surrender to bail, which is an offence under the Bail Act 1976.
- Can I be charged with a new offence just for missing court?
- Yes, failing to surrender to bail without a reasonable excuse is a separate criminal offence. It is a summary offence punishable by up to three months' imprisonment. However, if the Crown Court is involved, the maximum penalty can be up to 12 months' imprisonment. This charge is distinct from the original criminal proceedings you were scheduled to attend.
- What should I do if I have already missed a hearing?
- You should contact your solicitor immediately to explain the circumstances and apply to discharge the warrant. If you have a genuine reason, such as serious illness or a family emergency, gather supporting evidence like hospital records. Voluntary surrender to the police or court is treated more favourably than waiting to be arrested, as it demonstrates good faith to the court.
- Will I be held in custody if I am arrested on a warrant?
- If you are arrested on a bench warrant, you are likely to be held in custody until the next available court sitting. The court may be reluctant to grant bail again, especially if you have previously breached bail conditions. A record of failing to appear can also negatively affect sentencing in any future criminal proceedings.
- Does a missed court date affect my criminal record or DBS check?
- Yes, a bench warrant is a matter of public record and will appear on enhanced DBS checks. It will not go away on its own and will affect you every time you have contact with the police. Ignoring the warrant is not a viable option, as it remains live on the Police National Computer until it is executed or discharged by the court.