Missing a scheduled court date can lead to a separate criminal charge, on top of whatever original matter brought a person to court in the first place. This guide explains how failure to appear is defined under section 145 of the Criminal Code, what can count as a lawful excuse, potential penalties, and what to do if you have missed, or are worried about missing, a court date. It is general legal information, not legal advice about a specific case.
What Does This Offence Cover?
Section 145 of the Criminal Code creates several related offences covering failures to comply with obligations to attend court or otherwise follow through on release requirements. Section 145(2) addresses failing, without lawful excuse, to attend court as required after being released or ordered to appear, and section 145(3) addresses failing to comply with the requirements of an appearance notice, summons, or similar document. In each case, the Crown must prove the person knew of the requirement to appear and failed, without a lawful excuse, to do so.
What Counts as a Lawful Excuse
A genuine, unavoidable circumstance beyond a person's control, such as a sudden serious medical emergency, can potentially amount to a lawful excuse. Simply forgetting a court date, being confused about the correct date or courthouse, or prioritizing a work or family obligation generally does not meet this threshold. Because the consequences of missing court can be significant, anyone who realizes they are unable to attend a scheduled date should contact their lawyer, or the courthouse directly if unrepresented, as soon as possible, rather than simply not appearing.
Classification and Penalties
Failure to Appear (Section 145) at a Glance
- Classification
- Hybrid offence (Crown elects summary conviction or indictment)
- Maximum penalty – indictment
- Up to 2 years imprisonment
- Maximum penalty – summary conviction
- Up to 2 years less a day and/or a $5,000 fine
- Mandatory minimum sentence
- None for a standard section 145 charge
These figures reflect the Criminal Code as of this page's last update. Actual sentences depend on the specific circumstances, including how quickly the person came forward afterward and their record. A criminal lawyer can confirm the current state of the law for a specific case.
What Happens Immediately After a Missed Date
When a person fails to appear for a scheduled court date, the court will generally issue a warrant for their arrest, which can result in police attending the person's home or arresting them during an unrelated interaction, such as a traffic stop. Depending on the circumstances, a lawyer may be able to arrange for the person to voluntarily attend court to address the missed date, sometimes called "surrendering," which can be viewed more favourably than being arrested on the warrant, though this depends on the specific situation and the lawyer's assessment.
If you realize you have missed a court date, contact a lawyer immediately rather than waiting to see what happens. Addressing the situation proactively is generally far better than waiting to be arrested on an outstanding warrant.
How This Relates to Other Charges
Failure to appear is one of several administration of justice offences that can arise from how a person manages their obligations while a criminal case is ongoing. Related charges include breach of bail, which covers failing to comply with specific release conditions rather than missing court itself, and breach of probation, which applies after sentencing. A pattern of these charges can significantly affect how a person is viewed at a future bail hearing, since courts consider a history of missed court dates when assessing whether release conditions are likely to be followed.
Court schedules can change, and a matter originally set for one date can sometimes be administratively moved without clear notice reaching the accused. Confirming a court date directly with a lawyer or the courthouse shortly beforehand can help avoid this kind of confusion.
Possible Defences
Defending this charge often focuses on whether the person actually knew about the requirement to appear, since defects in how a notice or summons was delivered can sometimes be relevant, and on whether a genuine lawful excuse existed for the specific absence. Evidence such as medical records, in the case of a claimed medical emergency, can be important to establishing this defence. A criminal lawyer should review the specific circumstances of the missed appearance before advising on possible defences.
What Happens After This Charge
A person charged with failure to appear will often face a bail hearing that also addresses the underlying charge that brought them to court in the first place, and courts may take a more cautious approach to release given the missed appearance. See our page on how bail hearings work for more. The case then proceeds through the standard court process, including disclosure, before moving toward a resolution or a trial. See our sentencing overview and criminal records overview for more.
Because reliable court attendance is central to how the justice system functions, courts take a consistent approach to failure to appear charges regardless of how minor the underlying offence might have been. Even a person facing a very low-level original charge can face meaningful consequences for missing court, since the missed appearance itself, not just the original matter, is what the charge addresses.
Frequently Asked Questions
What should I do if I just realized I missed a court date?
Contact a lawyer immediately. In many cases, a lawyer can help arrange to address the missed date proactively, which is generally preferable to waiting for an arrest on an outstanding warrant.
Is forgetting a court date a lawful excuse?
Generally, no. A lawful excuse typically requires a genuine, unavoidable circumstance beyond the person's control, such as a serious medical emergency, rather than simply forgetting or prioritizing another obligation.
Will I automatically be arrested if I miss a court date?
A warrant for arrest is generally issued when someone fails to appear, though a lawyer may be able to help arrange a voluntary appearance to address the situation before an arrest occurs, depending on the circumstances.
Does this charge affect bail on my original case?
Yes, potentially significantly. A missed court date can lead courts to take a more cautious approach to release, since it raises questions about whether the person will reliably attend future court dates.
Can this charge be resolved without additional jail time?
This depends on the specific circumstances, including the reason for the missed appearance and how quickly the person addressed it afterward. A criminal lawyer can give a realistic assessment based on the specific facts.