Missing a court date: failing to surrender to bail
If you are on bail and miss court without reasonable cause, that is a separate offence (Bail Act 1976 s.6), punishable by up to 3 months in the magistrates' court or 12 months in the Crown Court. A warrant is usually issued and future bail becomes harder to get.
The offence
- If you are on bail and fail to attend court (or a police station) without reasonable cause, that is a separate offence (Bail Act 1976 s.6(1)). Even with a good reason, you must surrender as soon as reasonably practicable afterwards (s.6(2)).
- You must prove the reasonable cause (s.6(3)). Forgetting or getting the date wrong rarely counts, and not having a copy of your bail record is no excuse (s.6(4)).
- If you were summonsed or sent a postal requisition rather than bailed, missing court is not a Bail Act offence, but the case can still go ahead or a warrant can be issued.
Penalties
- Magistrates' court: up to 3 months' custody and/or a fine (s.6(7)). Serious cases can be sent to the Crown Court for sentence.
- Crown Court: up to 12 months.
- The Sentencing Council guideline range is a discharge to 26 weeks' custody, depending on whether the failure was deliberate and its effect on the case.
What happens on the day
- The court will usually issue a warrant for your arrest (s.7). A warrant "with bail" lets the police release you with a new date; one "without bail" means you are held and brought to court.
- In the magistrates' court, an adult's case, including a trial, can go ahead without you unless there is an acceptable reason or it would be unjust (Magistrates' Courts Act 1980 s.11).
Effect on future bail
- Courts look at your record of keeping to bail (Bail Act Sch 1 Part 1 para 9) and can refuse bail if they believe you would fail to surrender (para 2) or you were arrested under s.7 in the same case (para 6).
- For adults with no real prospect of immediate custody, those refusal grounds do not apply (para 1A, amended by the Sentencing Act 2026 from 22 March 2026 so a likely suspended sentence does not count), but a court can now add electronic monitoring in some cases, including after a past failure to surrender (s.3AAB).
If you have missed or will miss court
- Contact your solicitor and the court straight away, ideally before the hearing.
- Attend court or hand yourself in at a police station as soon as possible. This is usually viewed far better than being arrested.
- Keep evidence of the reason, such as hospital papers.
Illness and medical certificates
A note saying only "unfit for work" is often rejected. The court considers whether a certificate gives the date you were examined, describes the condition and how long it will last, and explains why it makes you unfit to attend court (Criminal Procedure Rules 2025 r.3.5(7)(f)). The court may ask to hear from the doctor.
Authorities: Bail Act 1976 ss.3AAB, 6, 7 and Sch 1 Part 1 paras 1A, 2, 6, 9; Sentencing Act 2026 s.44; Magistrates' Courts Act 1980 s.11; Criminal Procedure Rules 2025 r.3.5(7)(f); Sentencing Council, Failure to surrender to bail guideline (effective 1 October 2018)