Failure To Appear

Failure to appear refers to the situation where an accused person does not attend a scheduled court appearance, such as a trial, preliminary hearing, or bail hearing. In Canada, failing to appear in court is a serious matter and can have significant legal consequences.

Legal Framework

1. Criminal Code of Canada:

  • Section 145(3): Addresses the offence of failing to appear in court after being released on bail or under a recognizance (a legal promise to appear in court). This section makes it an offence to knowingly breach a bail condition by not attending court.

2. Bail Conditions:

  • Release Conditions: When an individual is granted bail, they are usually required to appear in court as part of their release conditions. Failure to meet this condition can result in additional charges and consequences.

Consequences of Failure to Appear

  • Additional Charges:

    Criminal Offence: Failure to appear can lead to a separate criminal charge under Section 145(3) of the Criminal Code, which may result in fines or imprisonment if the individual is convicted.

  • Arrest Warrants:

    Bench Warrants: The court may issue a bench warrant for the arrest of the individual who failed to appear. Law enforcement officers will then seek to locate and arrest the individuals to bring them back to court.

  • Impact on Bail:

    Revocation of Bail: If an individual fails to appear in court, their bail may be revoked, and they may be held in custody until their next court appearance or trial.

Common Reasons for Failure to Appear

1. Personal Circumstances:

  • Health Issues: Illness or medical emergencies that prevent the individual from attending court.

  • Travel or Work Conflicts: Issues related to travel, work commitments, or other personal obligations.

2. Miscommunication:

  • Address Changes: Failure to receive court notices due to a change of address or contact information.

  • Administrative Errors: Mistakes or misunderstandings regarding court dates or times.

3. Intentional Avoidance:

  • Deliberate Failure: Intentional non-compliance with court orders, often due to fear of the consequences or a desire to avoid legal proceedings.

Addressing Failure to Appear

  • Contacting a Lawyer:

    Immediate Action: If an individual has missed a court appearance, they should contact a criminal defence lawyer as soon as possible. A lawyer can advise on the best course of action, including arranging for a new court date and addressing any legal consequences.

  • Appearing in Court:

    Voluntary Surrender: If an individual has failed to appear, they may choose to voluntarily surrender to the authorities to address the issue and avoid further legal complications.

  • Providing Evidence:

    Valid Reasons: The individual may need to provide evidence or documentation to explain their failure to appear, such as medical records or proof of an unavoidable conflict.