Sometimes, life can throw unexpected challenges our way, and attending a scheduled court date may not always be possible. While the courts in the UK take attendance seriously, there are valid reasons why someone might need to request a rescheduling, also known as an adjournment.
If you’re wondering whether your situation qualifies as a valid reason to reschedule a court date, this guide will walk you through common, acceptable reasons and what to do next.
1. Medical Emergencies
Health is unpredictable, and if you or a close family member experience a sudden medical emergency, you may be able to request a new court date.
For a medical emergency to be considered a valid reason to reschedule a court date in the UK, the situation generally needs to be serious enough to prevent you from attending or participating effectively in the hearing. Here are examples of medical emergencies that would typically be considered valid:
- Sudden Hospitalisation: If you or someone under your care is admitted to the hospital for an urgent, unexpected reason (e.g., heart attack, stroke, severe injury), this would likely be accepted as a valid reason for rescheduling a court date.
- Surgical Procedures: Undergoing a scheduled or emergency surgery, particularly if it’s close to the court date and requires recovery time, would usually be accepted. The court will require medical documentation detailing the surgery and recovery period.
- Severe Illness: Acute conditions, such as pneumonia, severe flu, or contagious diseases (e.g., COVID-19), that render you unable to physically attend the hearing or are considered risky to others, can be valid reasons.
- Incapacity Due to Injury: Major injuries that impair your ability to attend court, such as broken bones, concussions, or severe mobility issues, can also be grounds for rescheduling, especially if they significantly impact your ability to travel or participate effectively.
- Mental Health Crisis: A sudden mental health crisis, such as a severe panic attack, nervous breakdown, or other conditions that prevent you from functioning effectively in court, can also be accepted as a valid reason. Evidence from a mental health professional, such as a letter or medical note, would usually be required.
- Pregnancy-Related Complications: Complications during pregnancy, such as pre-term labour, gestational conditions, or emergency hospital visits, can justify rescheduling. Providing a note from your doctor or midwife explaining the situation would support your case.
In all cases, the court will require medical documentation, such as a letter from a doctor or hospital, to confirm the emergency and explain why it affects your ability to attend.
2. Bereavement
Losing a close family member can be emotionally devastating. Courts generally understand that grief may affect your ability to concentrate or participate fully in legal proceedings. If you’ve recently experienced a bereavement, it’s crucial to inform the court as soon as possible, along with any evidence of the circumstances.
If this reason for rescheduling your court date applies, here are some examples of evidence you might provide to support your request:
- Death Certificate: The most straightforward and official form of evidence is a death certificate, confirming the passing of a close relative or family member.
- Funeral Notice or Obituary: If a death certificate isn’t immediately available, a funeral notice, obituary, or an official document from the funeral director can help establish the date and details of the loss.
- Letter from a Doctor or Counsellor: In some cases, the emotional impact of the bereavement may affect your ability to attend court. A letter from a healthcare professional, such as a doctor or counsellor, confirming how the bereavement is affecting your mental or physical health may support your request.
- Proof of Family Relationship: If needed, you could also provide documentation that confirms your relationship to the deceased, such as a birth or marriage certificate, particularly in cases where the courts may need clarity on the familial connection.
3. Conflicting Court Dates
If you’re involved in multiple legal proceedings, it’s possible that court dates may overlap, making it impossible for you to attend both. In such cases, you may request a reschedule, but the courts will expect you to provide a clear explanation and supporting documentation that demonstrates the conflict.
Courts will generally assess which case takes priority based on factors like the seriousness of the charges, the length of time the case has been ongoing, and whether rescheduling the other case is feasible. It’s important to act quickly in these situations, as notifying the courts well in advance increases your chances of having the request approved.
You’ll need to provide copies of both court summonses or notices, showing the conflicting dates and times. It can also be helpful to include any correspondence from solicitors explaining why your presence is required at both hearings. Your solicitor can guide you on which case should take priority and assist in making the formal request to reschedule the less urgent matter.
4. Pre-booked Holidays or Work Commitments
If you’ve had a holiday or important work commitment planned before your court date was set, you may be able to request a reschedule. However, this reason will be considered on a case-by-case basis, and courts generally expect individuals to rearrange their plans wherever possible. Rescheduling may be more difficult if your court date was set with significant notice.
If your work commitment involves a critical business event, such as leading a major presentation, attending a conference, or participating in a project with strict deadlines, you should provide specific details as to why attending court would cause undue disruption to your professional obligations. A letter from your employer detailing the necessity of your work commitment, along with dates and responsibilities, will support your request.
Similarly, for pre-booked holidays, courts are more likely to grant rescheduling if the travel is non-refundable or involves significant expenses. Trips that were booked prior to receiving the court summons are more likely to be considered, but flexibility on your part is often expected. Presenting non-refundable flight or accommodation bookings, along with a breakdown of costs, can also strengthen your case. Additionally, including proof of the booking date (showing it was arranged before the court date was set) will be helpful.
5. Lack of Legal Representation
Everyone has the right to legal representation. If your solicitor or legal representative becomes suddenly unavailable—due to illness, unforeseen personal circumstances, or a scheduling conflict—you may be able to request a new court date. Additionally, if there are issues with securing legal aid or changing solicitors close to your hearing date, courts may also consider rescheduling to ensure you have proper legal support.
Courts prioritise fairness in trials, so they usually allow time for both parties to have competent representation. However, it’s important to notify the court as soon as the issue arises and to provide clear evidence.
Remember, you’ll need supporting documentation, such as a letter or notice from your solicitor explaining their unavailability or a statement about delays with your legal aid application will help strengthen your request. If the unavailability is due to changing solicitors, make sure to show proof of your efforts to secure new representation promptly to demonstrate good faith in cooperating with the court’s schedule.
6. Severe Travel Disruptions
Travel disruptions can sometimes be unavoidable and beyond your control. Whether it’s public transport strikes, road closures, severe weather conditions (e.g., heavy snow or flooding), or other major disruptions, the courts may consider these as valid reasons to request a rescheduling, especially if attending would be impossible or unsafe.
In such cases, it’s crucial to communicate the issue to the court as early as possible. Courts may be more understanding if you’ve made genuine efforts to reach the hearing, even if those efforts were unsuccessful. Documentation such as public announcements about travel strikes, weather warnings, or proof of cancelled transportation (e.g., flight cancellations, train delays) can support your request. If travel is disrupted but still possible with significant difficulty, courts may allow the option of attending remotely via video link if appropriate facilities are available.
7. Personal Safety Concerns
If attending court presents a danger to your personal safety, this can be a compelling reason to request a reschedule. Cases involving domestic violence, stalking, harassment, or other sensitive issues may cause fear or danger for the party involved. In these cases, the court may reschedule the hearing to ensure that appropriate measures, such as added security, separate waiting areas, or even video link attendance, are in place to protect the individual.
Courts take personal safety seriously, and they often have protocols for handling cases where a person’s well-being is at risk. Providing a restraining order, police reports, or evidence of threats made against you can help demonstrate the seriousness of the situation.
How to Request a Reschedule
If you believe you have a valid reason to reschedule your court date, it’s essential to act quickly. Contact the court as soon as possible, either through your solicitor or directly, to inform them of your situation. As we’ve explored in this article, you’ll likely need to complete a form or provide evidence to support your request.
Remember, a court will make the final decision, and not all reasons will automatically lead to an adjournment. Be prepared to explain your situation clearly and provide any necessary documentation to back up your claim.
FAQs
What to Do If You Miss a Court Date in the UK
If you miss a court date, it’s crucial to act fast. Contact the court immediately to explain why you were unable to attend. If you have a valid reason, such as illness, an emergency, or severe travel disruption, you should provide evidence (e.g., a medical note or proof of the issue) to support your case. The court may reschedule the hearing, but this is at their discretion.
In criminal cases, failing to attend can result in a warrant being issued for your arrest, particularly if you’re the defendant. In civil matters, the case may proceed without you, which can lead to a decision being made in your absence. If you realise you’ve missed your court date after it has passed, it’s still advisable to contact the court as soon as possible to explain your situation.
Is Failing to Attend Court an Offence?
Yes, failing to attend court when required can be an offence, particularly in criminal cases. If you are a defendant and fail to appear without a valid reason, the court may issue a warrant for your arrest. This is especially serious if you are on bail, as failing to attend could result in your bail being revoked, and you may be held in custody until your next court appearance.
For witnesses, failing to attend when summoned could result in a contempt of court charge, which can carry penalties such as fines or, in extreme cases, imprisonment. If you are genuinely unable to attend, it’s important to notify the court ahead of time and provide evidence.
Can a Victim Refuse to Go to Court?
In most cases, if a victim has been summoned as a witness, they are legally required to attend court to give evidence. Refusing to attend could result in legal consequences, including a contempt of court charge. However, courts are often sensitive to the needs of victims, especially in cases involving domestic violence, abuse, or trauma.
If a victim is uncomfortable or fearful about attending court, they should inform the authorities as soon as possible. There may be special measures available to assist them, such as giving evidence via video link or having protective measures in place at court. In some cases, legal advisors can apply for the victim’s evidence to be given in writing or through other methods, depending on the circumstances.
