What To Do If You Are Too Unwell To Attend Court
Many people face very lengthy court proceedings, and it is therefore hardly unusual that on occasion a person may be unwell and unable to attend court.
Despite this fact, courts are sceptical of alleged illness, and unless the rules are followed in close detail, a non-attendee faces the serious prospect of being arrested by the police and taken to court in custody.
This may involve a stay in police cells over the weekend, so it is essential that you understand what you need to do – and that you contact your criminal defence solicitors urgently to determine what to do next.
4 things to do if you are too unwell to attend court
1. Inform your solicitor
The first step is to inform your criminal defence solicitor as soon as you are able. Our firm has a 24-hour contact number, 07939 958767, so that you can contact us before office opening (say around 8am) to inform us as to what is happening.
It’s important to bear in mind that in almost all cases, if you do not need to see a doctor, the court is unlikely to accept your illness as an excuse not to attend court.
However, it will, of course, depend on the exact circumstances – which is why it is essential to speak to your solicitor and obtain advice as to what is the best course of action.
2. Speak to your doctor
If you are too ill to attend court it is also paramount that you speak to your doctor. A doctor will be able to issue you with a medical certificate. This is not, however, necessarily the end of the matter, and the opinion of a doctor does not bind a court.
Doctors have been issued with guidance concerning medical notes for court non-attendance, but a busy practitioner may very well miss the details.
3. Make sure you meet the requirements of the Criminal Practice Directions
You must also make sure you meet the requirements of the Criminal Practice Directions made by the Lord Chief Justice. The Criminal Practice Directions set out the following minimum requirements:
(a) The date on which the medical practitioner examined you;
(b) The exact nature of your ailments;
(c) If it is not self-evident, why the ailment prevents you from attending court;
(d) An indication as to when you are likely to be able to attend court or a date when the current certificate expires
4. Be sure your medical certificate is satisfactory
Additionally, you will also need to make sure your medical certificate is satisfactory. Circumstances where the court may find a medical certificate unsatisfactory include:
(a) Where the certificate indicates that the defendant is unfit to attend work (rather than to attend court).
(b) Where the nature of the defendant’s ailment (e.g. a broken arm) does not appear to be capable of preventing his attendance at court.
(c) Where the defendant is certified as suffering from stress/anxiety/depression, and there is no indication of the defendant recovering within a realistic timescale.
Contact criminal defence solicitors for further advice
If you are too unwell to attend court, first and foremost, it is imperative that you contact your criminal defence solicitor for expert advice regarding your next steps.
If you need specialist advice, contact our team or get in touch with John Howey on 020 7388 1658 and let us help.
As criminal defence solicitors, here at JFH Crime we are experts in criminal law and have the necessary skills and experience to assist you in respect to any criminal investigation or prosecution. What’s more, our experienced team will work together with you to help you achieve the best possible outcomes for your case.
Please note that the information contained in this article was correct at the time of writing. There may have been updates to the law since the article was written, which may affect the information and advice given therein.
