What happens if I can't go to Court

If you have been charged with an offence you will be required to attend Court on the date set out on your Notice to Appear or Summons.  The documents will clearly set out the time and date you are required to attend.

However, there are some circumstances where you may be unable to attend Court on the date specified.  This can be distressing and have implications on you and your matter if not managed appropriately.

Do I have to go?

The short answer is yes.  You need to attend Court when required.  Your attendance at Court is both expected and required.

What happens if I don't go?

If you do not attend Court when required, your matter may be heard in your absence or a warrant may issue for your arrest. 

The progress of your matter in your absence depends on the type of matter.  For example, if you do not attend Court as a Respondent to an Application for a Protection Order, the matter may finalise and a Protection Order may issue in your absence.  However, if you have been charged with a criminal offence, it is likely a warrant will issue should you not appear when required.  The presiding Magistrate will issue the warrant, which will be provided to the Queensland Police Service for execution.  The police will execute the warrant when able.  This can result in the police attending your residence or workplace, or intercepting your vehicle. 

You may be charged with failing to appear should you not attend Court when required.  You therefore will have an additional offence before the Court.  The penalty for failing to appear includes a fine or a period of imprisonment.  The offence can also result in your bail being refused, and you spending time in custody pending finalisation of your matter.  Failing to appear is a serious offence and should be avoided.

It is important to appear as required, or seek legal advice should you be unable to attend Court.

I can't go to Court.  What can I do?

We recommend you seek legal advice if you cannot attend Court as required. 

If it is your first mention, and the reason you are unable to attend is genuine, your lawyer may be able to seek that any warrant that issues be held on the Court file.  This means the warrant remains with the Court file, rather than being released to the police for execution.  If you attend Court as required on the next date, your lawyer will seek the warrant be recalled and cancelled.  Your matter will then proceed as usual, without detriment to you. 

If you are unable to seek legal advice, you should notify the Court of the reason you are unable to attend.  You should forward any relevant documentation to the Court, including a medical certificate or work roster, and ask that the matter be adjourned to a date when you are able to attend.  This does not guarantee the presiding Magistrate will not issue a warrant.

Do I need a lawyer?

We recommend that you seek legal advice should you be unable to attend Court as required.  Failing to appear can have serious implications on your matter, and can result in you being charged with a further offence or spending time in custody.  We recommend that you seek legal advice as soon as you are made aware that you are unable to attend Court.