Non attendance at court

[quicknamechange111111]

Posting here for traffic.

I'm due to appear as a witness in court tomorrow but my child has been off school unwell and I'm not sure he'll be ok to torture tomorrow. I don't have anyone to look after him and I'm terrified of getting into trouble.

Can anyone please advise what will happen?

Return not torture!

You need to contact the court. Failure to turn up without explanation could lead to you being held in contempt of court, and that’s a world of trouble you don’t need.

If you have the details of the side calling you as a witness, get in touch with them too. But definitely keep trying to get hold of the court until you do.

Yes I was going to both email and call first thing, I'm just not sure how to prove he's unwell? A letter from the school? Will they accept that? I'm so worried!

Is there anywhere to find out what acceptable reasons are? I haven't been able to find out anything online which is why I posted here.

That is a brilliant auto correct

Have you absolutely no one to look after him? Not saying your statement will be absolutely pivotal, but it'll likely be pretty important or they wouldn't be calling you.

No, I have no family nearby. A couple of friends but they will be at work.

What's the nature of the case? If it's a shoptheft and they have CCTV and other witnesses not so important, serious assault where you were the victim or only witness they may have to adjourn

Tough one. The morning of the hearing is a Godawful time to inform them you're not going to be there. There'll be costs involved (not for you).

I know, I had hoped he'd have felt better by now. I'm not looking forward to it but I would rather get it out the way sooner than later! I just don't want police turning up and arresting me or something. I've no idea how these things work.

If it's a criminal case you should have a liaison officer or witness care. Ring 101 and explain, they should be able to track someone down involved in the case or put you onto witness care.

Thank you

Best of luck 🍀

Have a think about whether you’re willing/able to give evidence remotely? Long shot, but it might be possible for the court to take evidence from you by video if you have a computer and a good broadband connection. Even if they can’t do it, it would demonstrate that you’re co-operating.

@TestingTestingWonTooFree

Have a think about whether you’re willing/able to give evidence remotely? Long shot, but it might be possible for the court to take evidence from you by video if you have a computer and a good broadband connection. Even if they can’t do it, it would demonstrate that you’re co-operating.

That's a really good idea.

That's a great idea, thank you. I'm still hoping he wakes up feeling much better so I can just go amd get it over with.

In a previous role, I cited witnesses to attend court. Some people claimed they had no one they could ask for childcare, but when push came to shove, most of them had someone they could ask. And, to be honest, when so many people are working from home, it's probably even easier to find someone who can supervise a school aged child for a few hours

But a sick child is a bit different. I think it's important to show willing. "I can't come today, but could I come tomorrow, or remotely?" will get a far better response than "I'm not coming. Do your worst!" Depending on the nature and length of the case, it may be quite easy to go ahead without you, or slot you in later. If they can see that you're taking it seriously and trying to cooperate, they will be far more sympathetic and helpful

Some of my cases went on for several weeks. We had various witnesses on standby, ready to give evidence at quite short notice. It was slightly inconvenient to change the order, but not a big deal

Unless you have already been served with a witness summons then you won’t be arrested or held in contempt of Court for not turning up.

If you have been served with a witness summons and don’t turn up then that is a whole host of trouble and police will turn up at your door if you don’t go.

Assuming there is no witness summons (which would only really happen if you have indicated you are unwilling to attend, or have already failed to turn up on a previous occasion) then you wont be facing legal sanctions for not turning up. But the Court might issue a witness summons for you for the next time. And that might be a date that is inconvenient. And there would be little you could do to change that next date. If it’s a criminal trial there is a chance the charges might get thrown out. (Depending on severity of the charge). There is potential for huge inconvenience to other witnesses and public expense.

Given that you say you are hoping your son will be better, I assume it’s not D and V or covid symptoms which would mean he really must not go to school tomorrow. Truly, if he can possibly attend I’d send him in. There could be significant consequences to others by your non-attendance. And worse inconvenience to you if it’s adjourned.

All that said, the letter telling you to attend should have contact details on it. So if you really can’t go you will need to phone and explain.

It is a criminal trial. A low level offence, no other witnesses barring police. I will definitely send him if able, he's primary 1 and just all bunged up, lethargic and many.

There is a witness summons, I gave no indication I wouldn't attend so just assumed everyone got one. I had one several years ago as well but the accused pleaded guilty so I didn't have to attend in the end.

I wouldn't not just not go without informing anyone, that's why I would have put it in email to the PF office plus called. I know people are saying that others probably could find someone but I relocated and really do not have anyone barring the few friends I've mentioned but they work in either hospitals or social work so not working from home.

Can I ask the liklihood of it being thrown out due to me not attending? It really has no bearing on anything because terrified not being able to go even when I simply have no choice so I wouldn't make up excuses.

Thanks for all the advice, if worst comes to worst I will absolutely say I will do it remotely or come back as soon as possible.

If you're the only witness I'd say it's fairly crucial that you're there. But you're only human 🤷🏻‍♀️

How old is your child? Could you turn up at court with your child and see what they do? Is he old enough to sit in the waiting room while you give evidence? I had to do this once.

Is this the UK? It's not usual to have a summons straight off the bat. If you fail to attend with one in existence, they can issue a warrant for your arrest.

You need to contact witness care ASAP.

Oh and if you don't attend and there is no other evidence, then yes, the court can refuse an adjournment to get you there and make the prosecution offer no evidence.

That doesn't make you failing to attend go away though.