Defendant’s Refusal to Attend Court
Plain-English digest of CPS prosecution 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 It may omit detail or fall out of date.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.
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.