Receiving a witness summons - consequences of not attending Court

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If you are summonsed to court as a witness, it is essential to understand what this means and the implications of failing to comply. A witness summons can be issued in cases where your evidence is considered vital to the proceedings, and failure to attend could result in serious consequences, including potential arrest.

This guide explains what a witness summons is, what happens if you don’t comply, and how you can navigate this process with confidence.

What is a witness summons?

A witness summons is a legal order issued by the court requiring you to attend and give evidence in a case. This can apply to both criminal proceedings and witness summons in civil proceedings.

The summons requires you to either:

Attend court and give evidence.
Produce specific documents to the court.
Both attend and provide documents.

The summons must:

Be issued as a separate document for each witness.
Follow the required practice form.
Be issued on the date entered by the court.
Remain binding until the conclusion of the hearing.

Under Section 97 of the Magistrates’ Courts Act 1980, a court will issue a witness summons if:

The witness is likely to provide material evidence.
It is in the interests of justice to require their attendance.

In criminal cases, the Prosecution usually applies for a summons when a witness indicates they may not attend voluntarily. Once served, you are legally obligated to appear in court.

Can you say no to being a witness?

If you are asked to attend court as a witness, you are not legally required to do so unless you receive a witness summons. Without a summons, attendance is voluntary, and you can decline to attend.

However, if a notice to attend court as a witness (a witness summons) has been issued, you must comply. Failure to attend court after being summonsed can lead to serious consequences, including potential arrest and charges for contempt of court.

If you are unsure about your rights or obligations as a witness, it is always advisable to seek legal advice.

Implications of a witness not attending court following witness summons?

If you fail to attend court after being served with a witness summons, you risk serious consequences, including:

Arrest: The court may issue a warrant for your arrest to ensure your attendance.
Contempt of Court: If you appear in court but refuse to give evidence, you could be charged with contempt of court.

Non-compliance with a witness summons can damage the proceedings and may result in fines or imprisonment, depending on the circumstances.

How much notice do you need for a witness summons?

The amount of notice required for a witness summons depends on the type of case and the court’s procedures. However, legal requirements for witness summons service state:

In criminal cases, the summons must be served well in advance of the hearing date to allow you to make arrangements to attend.
In civil proceedings, the court will specify the timeframe, ensuring you have reasonable notice to comply.
- Generally, summons for civil proceedings must be served at least 7 days before the required court date to be binding.

If you receive a witness summons in the UK, it is important to act promptly and seek advice if you are unable to attend on the specified date.

What is the sentence for contempt of court in the UK?

If you fail to comply with a witness summons or refuse to give evidence, you may be charged with contempt of court. The penalties for contempt are serious and vary depending on whether the case is heard in the Magistrates’ Court or Crown Court:

In the Magistrates’ Court, the maximum penalty is:
- Up to 1 month’s imprisonment; or
- A fine of up to £2,500.
In the Crown Court, the maximum penalty is:
- Up to 2 years’ imprisonment.

It is vital to take a witness summons seriously and attend court as required to avoid these consequences.

Get in touch with our Criminal Law Solicitors

If you have received a witness summons or are concerned about your obligations to attend court, our experienced criminal defence law solicitors at Johnson Astills are here to help.

We can provide expert legal advice and support, including:

Understanding the implications of a witness summons in the UK.
Navigating issues of failure to attend court or contempt of court.
Advising you on your rights and responsibilities as a witness.

Contact us today for advice or to find out more about our services by giving us a call at your local branch in Leicester or Loughborough, or by filling in our online enquiry form.