Missed your court date? The short answer
If you do not attend court when you are required to, the court can deal with the charge without you, or issue a warrant for your arrest. Neither outcome is good, and neither is the end of the road.
What you should do today:
- Do not wait for police to come to you. Acting quickly is the single biggest thing in your favour.
- Get legal advice immediately, before you contact the court or police yourself.
- Find out what actually happened at the hearing — whether the case was decided in your absence, adjourned, or a warrant was issued.
- Apply for a rehearing if one is available, within the time limit.
If the court decided your case without you, you may be able to apply for a rehearing and have the matter heard again. In the Magistrates' Court you generally have 28 days from the date you receive the court's notice to apply (Victoria Legal Aid, "Going to court – rehearings").
What the court can do if you don't appear
When your name is called and you are not there, the prosecutor will usually tell the magistrate whether you were properly served or bailed. The magistrate then has a choice what to do with your matter:
| What the court does | What it means | When it is more likely |
|---|---|---|
| Hears the case in your absence | The magistrate hears the police case, can find the charge proven and can sentence you without hearing your side | Summary offences, where you were served with a summons and the penalty does not involve imprisonment. |
| Issues a warrant to arrest | Police can arrest you and bring you before the court, including from your home or workplace | More serious charges, or where you were on bail. However a magistrate may also issue a warrant for failure to appear on summons. |
| Adjourns the matter | The case is put off to a new date, often where there is a reason to think you did not get notice | Where your lawyer appears and explains the absence, or service is unclear. |
A sentence imposed in your absence is a real sentence. It can include a fine, a conviction, licence loss and other orders, and it takes effect even though you were not there to say anything in your favour.
Why absence makes the outcome worse
Sentencing is not only about the offence. It is also about you — your circumstances, your prior history, what you have done since, and what you say in mitigation. If you are not there, and no lawyer is there for you, none of that reaches the magistrate. The court hears one version of events: the prosecution's.
If you have already missed court: step by step
Step 1: Get legal advice before you do anything else
A lawyer can find out what orders were made, whether a warrant exists, and what application you should make. Doing this in the right order matters. Walking into a police station to "sort it out" when there is a warrant on foot can end with you in custody.
Step 2: Find out what happened at the hearing
Your lawyer can check the court file and the outcome. You can also check listings through the Magistrates' Court of Victoria's online court date search. If orders were made in your absence, the court must send you written notice, and that notice tells you that you can apply for a rehearing (Victoria Legal Aid, "Going to court – rehearings").
Step 3: Work out why you missed it
The reason matters, both for a rehearing application and for how the court treats you. Common reasons include:
- the summons or notice went to an old address
- you were in hospital, or seriously unwell
- you were in custody on another matter
- you had the wrong date, court or time
- you were never served at all.
If you have anything in writing — a medical certificate, a hospital discharge summary, proof of an address change — keep it. It supports your application.
Step 4: Deal with any warrant
If a warrant has been issued, your lawyer can usually arrange for you to go to court voluntarily so the warrant can be dealt with, rather than waiting to be arrested. Attending voluntarily is viewed far more favourably than being brought in.
Step 5: Apply for a rehearing if one is available
If the case was heard and decided without you, a rehearing application is usually the way to reopen it. The time limit is short — see the next section.
Applying for a rehearing
If the Magistrates' Court made an order against you when you were not there, you can ask the court to hear the case again. The process, as Victoria Legal Aid describes it, works like this:
| Step | What happens |
|---|---|
| Time limit | 28 days from the date you receive the court's notice of the order |
| Where | The Magistrates' Court, through the registrar |
| Form | An "Application for a rehearing" form, available from court staff |
| Serving the informant | You must give a copy to the informant — the police officer who charged you — within seven days of filing |
| Effect on the orders | Once you file, the orders made in your absence are stayed, meaning they are put on hold until a magistrate decides whether the case can be reheard |
| Driver licence orders | Orders against your licence are not automatically stayed. A separate application to stay those orders is made on the same form |
That last point catches people out. If you were disqualified in your absence, filing the rehearing application alone does not give your licence back. Do not drive until a lawyer has confirmed your position.
Will the rehearing be granted?
Filing the application is not the same as winning it. A magistrate decides whether the matter should be heard again, and will want to know why you did not attend. In certain circumstances, such as if the police did not properly serve you, the court must grant a rehearing. A genuine explanation, supported by documents, is far stronger than "I forgot".
If a rehearing is granted, the case starts again and you can plead not guilty, or plead guilty with your circumstances properly before the court.
Missing court while on bail
If you were on bail and you did not turn up, the position is more serious. Failing to answer bail without a reasonable excuse is itself a criminal offence in Victoria with a maximum penalty of 2 years’ imprisonment. That means you can end up facing a new charge on top of the original one.
Two other things usually follow:
- A warrant. Courts usually issue a warrant when a person on bail does not appear.
- Harder bail next time. Your failure to appear becomes part of your history, and the prosecution will use it to argue you are an unacceptable risk of not attending in future.
If you were on bail and missed court, treat it as urgent. A lawyer can often arrange for you to surrender to the court voluntarily, with an explanation prepared, which puts you in a much better position than being arrested.
If you know in advance you cannot attend
Prevention is far easier than cure. If you already know you cannot make the date, do not simply not turn up.
- Tell your lawyer first. In many summary matters a lawyer can appear for you, so your physical attendance may not be needed although in general you should be there unless your lawyer tells you that you don’t have to.
- Ask about changing the date. The Magistrates' Court publishes information on whether and how a court date can be changed ("Can I change my court date?").
- Get it in writing. Do not rely on a phone call to someone at the court. Until an adjournment is actually granted, the existing date stands.
- If you are unwell, get a medical certificate that covers the court date and says you are unfit to attend.
An adjournment is a decision for the court, not an entitlement. Asking early, with a documented reason, is what makes it likely.
How a lawyer can help
A missed court date is usually fixable, but the fix depends on what the court did and how quickly you move. A criminal lawyer can check the outcome and whether a warrant exists, prepare and file a rehearing application within the time limit, arrange for you to surrender voluntarily rather than be arrested, explain your absence to the magistrate with supporting material, and then run the case properly once it is back before the court.
If you have missed a court date, contact Criminal Solicitors Melbourne before you contact the police or the court yourself. Call (03) 8644 7322 or book an appointment online.
Frequently asked questions
Will police come to my house if I miss court?
If a warrant has been issued, police can arrest you, including at your home or work and have powers to enter premises and use reasonable force to do so. Dealing with the warrant through the court first usually avoids that.
I never received the summons. Does that help?
Yes, it is relevant. If you were not properly served, that is an important part of a rehearing application and of any explanation to the court.
Can I just pay the fine the court imposed in my absence?
You can, but think carefully first. Paying may end the matter, but it leaves the finding and any conviction in place, with consequences for your record, your licence and possibly your employment. Get advice before paying.
How long do I have to apply for a rehearing?
Generally 28 days from the date you receive the court's notice (Victoria Legal Aid). Do not assume the clock starts when you first hear about it informally — get advice quickly.
Does missing court mean I will go to jail?
Missing court is not itself punishable by imprisonment in most cases, although failing to answer bail is a separate offence and the maximum penalty does include jail time. The bigger risk is being sentenced in your absence on the original charge without anything said on your behalf.
I was in custody on another matter and could not attend. What now?
Tell your lawyer. Being in custody elsewhere is a strong explanation, and the court can usually be given proof of it and may even recall the warrant.
Important information
This article provides general information about Victorian law and procedure as at October 2026. It is not legal advice. Speak to a qualified criminal lawyer about your situation.
Sources
- Victoria Legal Aid, Going to court – rehearings: 28-day limit, application form, service on the informant within seven days, stay of orders, driver licence orders not automatically stayed.
- Victoria Legal Aid, Going to court for a criminal charge: duty lawyers, Help Before Court, getting advice before the court date.
- Magistrates' Court of Victoria, Criminal matters and Can I change my court date?.
- Crimes Act 1958 (Vic), Authorised Version No. 323, incorporating amendments as at 30 September 2026: s 320.
