I missed my court date. What happens now?

If you miss a court date, the justice of the peace or the judge will decide whether to:

• order a bench warrant for your arrest, or
• order a discretionary bench warrant and adjourn your matter.

Bench warrants

If you miss your court date, the judge or justice of the peace may order a bench warrant for your arrest. If the court orders a bench warrant, you will be arrested and likely held for a bail hearing.

Avoid missing your court date. If a bench warrant is ordered, the police can arrest you.

You can also be charged with the criminal offence of failure to appear.

Discretionary bench warrants

Sometimes the court will order a special kind of warrant called a discretionary bench warrant. When a discretionary bench warrant is ordered, the court adjourns your case in your absence without ordering a bench warrant for your arrest. If you go to your next court date, the discretionary bench warrant is cancelled. But if you miss your next court date, a bench warrant will be ordered to have you arrested.

The court will be more likely to issue a discretionary bench warrant if your absence has been explained. If you can’t go to court on the date scheduled, ask duty counsel, or get a friend or family member to go to court for you to explain your absence.

What to do

To find out if there’s a bench warrant for you, call the courthouse. Ask to speak to the criminal court clerk.

If there’s a bench warrant, you can:

• try to have the warrant rescinded or cancelled, or
• arrange to turn yourself in.

If there’s no bench warrant or a discretionary bench warrant has been ordered, ask the clerk for your next court date. Do not miss that court date. If you do, the court may order a bench warrant for your arrest.