Summons to attend court

[Goodguy]

Hi just a quick one my partner was called to the police station 3 weeks ago and his somicitor had told himhe would be charged that day with alleged rape. He had assumed this had happened and was waiting for a letter with the magestraites court date. However recieved a letter from solicitors yesterday. He attended the station for fongerprints and photo. Amd was told the police intend to issue a summons to attend court.

What does this mean?
Is it still going to court or does the police present it to the court then they decide whether to take it further?
And how long does it ususally take to recieve summons letter if it does mean hell have to attend.
I know the process is very long but expected the magestrates bit to be done fairly quickly

[Peter1975]

It looks like it is going to court sadly, it's possible the case has been lost in the system or that they are waiting for a date from the court before they inform you.

I left the police station with a charge sheet that had the date for the magistrates on it, it sounds like your particular police department are not very organised but they intend to charge an innocent man and have failed to investigate a pack of lies so you can't be surprised to learn that they are useless!

Hang in there.

[Rights Fighter]

Hi just a quick one my partner was called to the police station 3 weeks ago and his somicitor had told himhe would be charged that day with alleged rape. He had assumed this had happened and was waiting for a letter with the magestraites court date. However recieved a letter from solicitors yesterday. He attended the station for fongerprints and photo. Amd was told the police intend to issue a summons to attend court.

What does this mean?
Is it still going to court or does the police present it to the court then they decide whether to take it further?
And how long does it ususally take to recieve summons letter if it does mean hell have to attend.
I know the process is very long but expected the magestrates bit to be done fairly quickly

You say he "assumed this had happened" as in "he would be charged".

He would know whether he is charged or not, as he would have been told "Mr X, I am charging you with...." and then presented with the charge sheet. Did that happen?

[Goodguy]

No it hadnt happened he assumed he had vecause he was told by tge solicitor 0rior to attending the station that he had been called back to be charged. But whilst at the station he was told he would recieve a letter to attend court.

[Rights Fighter]

I think we are seeing more of these charge by post cases. Not 100% fool-proof though as post gets lost and a client can end up in prison for failing to attend......

[Franticwithworry]

How on earth is it possible for a person to end up in jail for failure to attend unless the prosecution can demonstrate that the letter was delivered, by sending it recorded delivery for instance? There are so many other aspects of law where service has to be demonstrated - even the Small Claims Court requires proof of posting, as do eviction proceedings.

This is yet another layer of fear added to everything else that people in this situation worry about. I'm watching the post feverishly enough as it is. :-(

[Casehardened]

I've been puzzled why some members are 'summonsed' to the Magistrates by a letter and some are 'charged' to appear so did some googling and the most sensible answer was that the written method is used when the law doesn't require an arrest to be made for the alleged offence.

Of course this explanation simply opens up another conundrum; why are some arrested and others not, though this one is easier to answer: securing of evidence; possibility of abscondment; protection of witnesses; and since April 2nd, issues over length of bail.

[Casehardened]

How on earth is it possible for a person to end up in jail for failure to attend unless the prosecution can demonstrate that the letter was delivered, by sending it recorded delivery for instance? There are so many other aspects of law where service has to be demonstrated - even the Small Claims Court requires proof of posting, as do eviction proceedings.

This is yet another layer of fear added to everything else that people in this situation worry about. I'm watching the post feverishly enough as it is. :-(

Whilst googling the above I read somewhere that the summons letter had to be delivered by hand or sent by registered or recorded post.

[EDIT to add please read post #11 in conjunction ]

[Franticwithworry]

England may be different, but the summons my man received to appear at the Scottish court came in the ordinary post. No hand delivery and no recorded delivery. He was never questioned about the supposed incident by the Scottish police and it was 6 weeks from summons to trial.

I shudder to think what would have happened if it hadn't reached him.

[Staystrong1]

Whilst googling the above I read somewhere that the summons letter had to be delivered by hand or sent by registered or recorded post.

I have to say that in our experience the summons came through in the normal post in a brown bill style letter. No warning. Not recorded or hand delivered. I did know though somehow before even opened what it was, the shock has never quite left me and even post trial somehow it still continues to be I don't like the post arriving but you can and do get past it. Always be positive the truth will out..

[Casehardened]

Whilst googling the above I read somewhere that the summons letter had to be delivered by hand or sent by registered or recorded post.*

I do apologise for the above misleading information as it obviously doesn't happen (and of course I can't find the source again!)

However further googling has established that the application for and service of a summons is the responsibility of whoever requires the summons.

For criminal proceedings this will be the police force bringing the case to court and as there do not appear to be any national guidelines each local force will have their own procedures which might explain folk's different experiences.

Failure to attend (due to non receipt of summons) would be a separate offence to whatever the summons was for but of course this puts the defendant on the wrong footing from the outset.

*perhaps this is a requirement for private prosecutions?....when I used the small claims court I had to serve all notices via recorded delivery.

[Franticwithworry]

Not to worry, Caseardened.

I think that it's a case of one rule for the public and another for the police. They don't use recorded delivery because there is nothing in law that says they have to and they are not held to the same standard of responsibility or held accountable as Joe or Joanna Bloggs.

It's like speed regulations on the roads - nothing gets changed unless and until there's a disaster and then not always.

[Goodguy]

It did arrive yesterday and i can confirm it was a vriwn envelope by normal post. It was 3 weeks after police said they were doing it but until we worked this out last night it had seemed wed waited months. So another 3 weeks and it is in court for them to hear.the case. I thought this was where names address and plea are heard but assuming they also need to hear the case to decide where to sendnit to. Worry akd panic has set in for mympartner and i get that too but the other part of me is relieved its moving forward as each little bit means we are 1 step closer to the nightmare been over.

What should he expect from magestrites hes been told.to arrive half an hour early and to take soliciotor which we obviously knew. Now hes panic8ng about gettig there veen put in a cell while he waits, not sure if this happenes.

And panicing about the accuser been present with the rest of that side of the family and what he has to say.etc

[Jan11]

Hello - magistrates appearance is normally quick. In OH case he was in and out in 10 mins. Unlikely FA will be there. You might get some disclosure around the magistrates date. We didn't until just before first crown court appearance about a month after magistrates. Think of it as just another hurdle cleared.

[Peter1975]

As Jan11 said, the magistrates is a formality and won't take long but there may be a lot of waiting around. There is definitely no need to panic.

Your OH most certainly will not have to wait in a cell but in a dirty waiting room with chewing gum on the chairs and the local riff raff so watch your purse and take some change in case there are only vending machines for hot drinks. (Some courts are better than others and have their own canteens) - you will have to empty your pockets, have your bags searched and pass through metal detectors each time you enter the building so leave swiss army knives at home.

The courts are open to the public so there is no guarantee that the FA won't be there but I think it is unusual and they will probably be advised not to attend.

The magistrate will hear a summary of the charges and most likely refuse jurisdiction and send the case on to the crown. Your OH will just confirm his name and possibly enter a plea, depending on the seriousness of the charges and the solicitor, court clerk and magistrate will do the rest of the talking, he will be bailed by the court, given a date to appear at crown and then free to leave.

There are meeting rooms for the solicitors to talk to their clients in private and I will expect that your sol will talk you through what is to happen and whether they yet have any disclosure. Write down any questions you have for the sol and take notes.

Good luck.