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Defendant’s Refusal to Attend Court

Plain-English digest of CPS prosecution guidance.

All CPS guidance

AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.

This guidance assists prosecutors in handling cases where a defendant refuses to attend court, particularly when in custody. It sets out the necessary procedures for assessing reasons for non-attendance and how to facilitate the defendant's presence at hearings. Key considerations include the nature of the offence and statutory requirements regarding the defendant's presence during proceedings.

Key points

  • Assess reasons for non-attendance before proceeding.
  • Invite the court to make inquiries about the defendant's refusal.
  • Consider proceeding via video link if attendance is unnecessary.
  • Ensure legal representatives are notified of proceedings.
  • Remind the court of statutory powers regarding non-attendance.
  • Consider adjournments if necessary for the defendant's attendance.

Public-interest factors

  • Ensuring justice is served promptly.
  • Preventing the frustration of legal proceedings.
  • Maintaining public confidence in the judicial system.
Summary OffencesEither Way OffencesIndictable Offences
Read the full guidance on cps.gov.uk
Last reviewed: 23 September 2022 · Next review due: 23 March 2023

This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.