[gipfelsoli] Gleneagles

[gipfelsoli-l at lists.nadir.org]

What Happens If I Don't Come to a Court Hearing?

Wednesday, August 3rd, 2005

If you fail to attend a court hearing (whether it is an Intermediate Diet
(pre-trial hearing) or a Trial) then it is likely that a warrant will be issued
for your arrest. (You may be able to arrange with your lawyer for them to attend
the Intermediate on your behalf to avoid this at this point.)

If A Warrant Has Been Issued for Your Arrest

* If you are resident in the UK (or gave a UK address on arrest) then the local
police may come to your house to arrest you. However, they may simply wait
until you come to their attention in some other way.

* If you come to the attention of the UK police (e.g. You are arrested again or
possibly just stopped and questioned/searched) then you will probably be
arrested, held and brought to court on the warrant.

* Anyone trying to enter the UK with a warrant out for them might be arrested at
the port/airport.

* If you are facing very serious charges there is the possibility of extradition
but you must be facing a possible sentence of 1 year or more for this so it
would not apply to anyone being prosecuted using summary procedure (on
complaint) which is the vast majority of G8 cases.

If You Are Arrested on a Warrant

You will be brought to court in the court which issued the warrant. This will be
the court you were due to appear in but failed to turn up (i.e. Edinburgh,
Stirling, Falkirk or Perth Sheriff Courts).

How Long do Arrest Warrants Last For?

Potentially for ever. While it has been our experience of minor cases in
Scotland that such warrants (and the accompanying cases) are sometimes dropped
after a few years there is no fixed "statute of limitations" in the UK. The
political climate around the G8 makes it less likely that they will drop such
cases. Anyone facing potentially serious charges is unlikely to have a warrant
dropped anytime soon.

What Should I Do if I Have Missed a Court Hearing?

If you have missed a court date assume that there is a warrant out for your
arrest. If you want you can check by contacting your lawyer or by contacting
the Procurator Fiscal (state prosecutor) and asking.

It would be a good idea to keep the name and telephone number of your lawyer (or
one of the lawyers recommended by the G8 Legal Support Group) with you at all
times if you are in or coming to the UK.

[http://g8legalsupport.info/2005/08/03/what-happens-if-i-dont-come-to-a-court-hearing/]