Spot on about her right there surely she will have to prove in court shes been signed off whatever the duck that means to her i woulx say she thinks she can just send in a sick note on the day of her BH she obviously doesnt have a lawyer or barrister the HMRC said at her last hearing the defendent (her) didnt turn up and she didnt send a lawyer to represent her either i wonder if all this latest round of lies and BS throwing the MH card around like confetti and banging on about her so called traumas from years ago is because shes shitting it about going to court and trying anything and everything to get herself out of it
WHAT IS A GOOD REASON NOT TO GO TO COURT FOR YOUR COURT HEARING?
Illness is a legitimate reason not to attend court. However, judges can be sceptical of defendants who claim to be too unwell to attend court. In order to be taken seriously, you must follow the proper protocol if you are sick on your court date. If you do not do so, you risk a warrant being put out for your arrest and being taken into custody.
If you are too sick to attend court, first, inform your
criminal defence solicitor as soon as possible. Your solicitor will ask you to provide a sick note from your doctor to prove that you are unwell. The sick note must contain the following information:
- The date on which the medical practitioner examined you
- The exact nature of your illness
- Why your illness or ailment prevents you from attending court, e.g. if your wrist is in plaster cast, you could still attend, but if you have a contagious illness, the risk of infecting others would make it reasonable not to attend
- When you will be likely to be well enough to attend court
If you are not sick enough to see a doctor, the court is unlikely to accept your absence. In addition, if the sick note relates to your capacity to work, rather than attend court, it won’t be taken as proof that you could not attend court. If you suffer from long term mental health issues such as depression and anxiety, the court is unlikely to accept this as a reason not to attend court, especially if there is no clear prognosis for when you would be in a position to attend.
WHAT HAPPENS IF YOU DON’T APPEAR AT COURT?
If you are a defendant who does not appear at court on your court date, the proceedings may go ahead in your absence. The court will consider whether it is in the interests of justice to proceed in your absence. If the court decides to proceed, this means that you could be found guilty without having the opportunity to make submissions to the court. This will almost certainly work against you.
Even if you intend to
plead guilty, it is better to be present at court so that you have an opportunity to put forward a plea in mitigation. A plea in mitigation is where you tell the court factors that should be taken into account when arriving at your sentence, such as: the fact that you are the sole carer for dependent relatives; the fact that you have shown remorse; and the fact that you have taken steps to address your problematic behaviour, e.g. attempts to stop using drugs or alcohol.
If the court decides not to proceed in your absence, it could adjourn the court case and issue a warrant for your arrest. A warrant will only be issued where the offence is one for which you could receive a custodial prison sentence. This means that a warrant of arrest will not be issued for summary only offences.
In order for a warrant for your arrest to be issued, the court needs to be satisfied that you knew of the hearing date but chose not to attend. Therefore, it will need to be proved that either the court date was served upon you, or you were notified of the court date at the previous hearing. Once the warrant has been issued, the police could come looking for you at your home address, or you could be stopped in the street.
In addition to the above, you could face prosecution for the offence of ‘failing to attend court.’ This is a separate criminal offence that can be punishable by a fine, a prison sentence, or both.