What Happens If You Don't Show Up to Court in Australia?
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Quick Answer
Failing to appear in court in Australia is a serious matter with immediate legal consequences.
In NSW, the court will generally issue a warrant for your arrest, any bail money or property may be forfeited, and you can be charged with a separate criminal offence under section 79 of the Bail Act 2013 (NSW), which carries a maximum penalty of 3 years imprisonment or a $3,300 fine.
What Happens Immediately If You Miss Court in NSW
The consequences depend on whether you were on bail and the type of matter.
Consequence | When It Applies |
Arrest warrant issued | Most criminal matters where attendance is required |
Bail forfeiture | If bail money or property was posted as security |
Separate charge under s 79 Bail Act 2013 | If you were on bail with a bail acknowledgment |
Matter decided in your absence | Some minor matters, AVO hearings, and civil cases |
Adjournment to a new date | Some matters, usually with a warrant also issued |
For serious matters, police may actively seek you out. For minor matters, the warrant may sit on the system until you are next stopped by police for any reason.
The Offence of Failing to Appear (Section 79 Bail Act)
If you were granted bail and failed to appear, you can be charged with a separate criminal offence under section 79 of the Bail Act 2013 (NSW).
- Maximum penalty: 3 years imprisonment or 30 penalty units ($3,300), whichever is the lesser
- Onus of proof: You must prove a reasonable excuse for missing court
- Effect on record: A conviction for failing to appear can be recorded as a separate offence on your criminal record
The penalty cannot exceed the maximum penalty for the original offence for which bail was granted, so for very minor matters the fail-to-appear penalty is capped.
What Counts as a "Reasonable Excuse"
Under section 79(2) of the Bail Act, the onus is on you to prove a reasonable excuse.
Usually accepted:
- Serious illness or medical emergency, supported by a medical certificate
- Hospitalisation or injury preventing attendance
- Death or serious illness of an immediate family member
- Not being properly notified of the court date
- Circumstances genuinely beyond your control
Generally not accepted:
- Work commitments or being “too busy”
- Forgetting the date
- Not wanting to attend
- Being unable to find legal representation
- General anxiety or fear of the process
What Happens to Your Bail Money and Property
If bail involves a security deposit, failing to appear can result in forfeiture.
- Cash bail: Can be forfeited to the Crown
- Property bail: The guarantor can be pursued for the value of the security
- Bail guarantor: A guarantor who knew about the breach can face separate legal action
Even if forfeiture is not ordered immediately, it remains a possibility during any re-application for bail.
How Missing Court Affects Your Case
Beyond the immediate penalties, failing to appear can damage your underlying case:
- Harder to get bail in future: A history of non-attendance strongly weighs against future bail
- Worse sentencing outcomes: Courts may treat non-attendance as evidence of lack of remorse
- Loss of negotiation opportunities: Early cooperation often supports charge reductions or non-conviction outcomes
Case decided without you: For AVOs, penalty notice elections, and some civil matters, the court can make orders without hearing your side
Can a Trial Go Ahead Without You?
In NSW, a criminal trial generally cannot start in the absence of a defendant. However, there are exceptions:
- During an ongoing trial: If a defendant absconds after the trial has started, the court has discretion to continue in their absence
- Disruptive conduct: If a defendant behaves in a way that makes the trial impossible to conduct in their presence
- Minor Local Court matters: A written notice of pleading can allow some matters to be dealt with in the defendant’s absence
Non-criminal matters: AVO hearings, civil claims, and penalty notice elections can typically proceed without the defendant.
What to Do If You Have Missed Court
Acting quickly is critical. The longer you wait, the worse the consequences.
- Contact the court as soon as possible to find out what orders were made and whether a warrant has been issued
- Get legal advice immediately before taking any further action
- Gather evidence of any reasonable excuse, including medical certificates or other documentation
- Turn yourself in voluntarily if a warrant has been issued, ideally with a lawyer present
- Apply for an annulment if the matter was decided in your absence and you have valid grounds
Voluntary attendance is almost always treated more leniently than being arrested.
What to Do If You Know in Advance You Cannot Attend
- Contact the court immediately by phone or through your lawyer
- Request an adjournment in writing, with supporting documentation
- Provide medical certificates or other evidence of your inability to attend
- Arrange legal representation to appear on your behalf where possible
Do not assume the adjournment is granted until you receive confirmation from the court
Final Thoughts
Missing court is never a solution. The legal consequences of failing to appear are almost always more severe than attending and dealing with the matter directly. An arrest warrant, a separate criminal charge, bail forfeiture, and a damaged case position are serious outcomes that can all follow from a single missed date.
Frequently Asked Questions
Will a warrant be issued if I miss court?
In most criminal matters, yes. The court will typically issue a bench warrant for your arrest if you fail to appear without notice. The warrant remains active until executed or withdrawn.
Can I be charged with a crime for missing court?
If you were on bail, yes. Under section 79 of the Bail Act 2013 (NSW), failing to appear without reasonable excuse is a criminal offence carrying up to 3 years imprisonment or a $3,300 fine.
Will I lose my bail money if I don’t show up?
Potentially. If cash or property was posted as security, it can be forfeited to the Crown when you fail to appear. A guarantor can also be pursued for the value of any property used as security.
What if I was sick on the day of court?
Serious illness can be a reasonable excuse, but you must contact the court as soon as possible and provide a medical certificate from a registered doctor. Being unwell without documentation is not usually accepted.
Can the court decide my case without me?
In NSW, a criminal trial generally cannot start in your absence. However, AVO hearings, some minor Local Court matters, and civil proceedings can proceed without you, and orders can be made against you.
What should I do if I already missed my court date?
Contact the court immediately, get legal advice before taking further steps, and consider turning yourself in voluntarily if a warrant has been issued. Acting quickly significantly improves your position.
Will missing court affect my chances of bail in the future?
Yes. A history of failing to appear is a strong factor against bail being granted in any future matter, as it suggests an unacceptable risk you will not appear again.
Can I send someone to court on my behalf?
A lawyer can appear on your behalf in many matters, particularly for mentions and some minor hearings in the Local Court. However, for most substantive matters and for anyone on bail, you must attend personally unless formally excused by the court.
If your matter is urgent, call (02) 8084 9929 today to arrange a free initial consultation.
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