A summons is an order to attend court for some reason. It could be because you are facing a criminal allegation or because you are a witness whose testimony is needed in a court case.
If you receive a summons, it is important not to ignore it. In certain circumstances, you can ask your solicitor to attend court on your behalf, but in some situations, you may need to be present yourself. Your summons may be in relation to a criminal case or a civil matter.
Different types of summons
There are different types of summons you could be served depending on the nature of the case and your involvement in it. Let’s look at some of these in more detail below.
Criminal summons
If you are required to attend court to answer a criminal allegation, such as a motoring offence, you may receive a summons in the post. It is recommended that you speak to a solicitor straight away to ensure that you protect your rights.
The hearing you have been asked to attend will be your chance to see what evidence has been compiled and to enter your plea of guilty or not guilty. Your solicitor will be able to advise you on the best course of action and put together a strong case on your behalf if you intend to plead not guilty.
Witness summons
You could receive a summons as a witness in respect of court proceedings. This could either be because you have witnessed a crime or you are a victim of a crime or because you are required as a character witness for someone involved in a case.
You will not always receive a summons if you are going to be a witness in a court case, however, one might be issued in the following circumstances:
- If you need evidence to show to your employer to ensure you are able to have time off of work
- If the side who wants you to attend has not been able to contact you and provide you with a witness warning advising you that you are required to appear in court
- If the party issuing the summons thinks that you might not attend court
What to do if you receive a summons
If you receive a summons you must deal with it and attend court as requested. If you fail to do so, you could be arrested and the police will take you to court.
If the summons is in respect of a minor motoring offence, you will usually have the option to plead guilty by post, if you are sure that this is the right option. Your plea form should be sent to the court with a statement of means for the court to consider. If there are any mitigating circumstances in respect of your actions, these should also be sent in the form of a mitigation statement. It is advisable to ask a solicitor to prepare this on your behalf to ensure that the mitigating circumstances are legally permitted.
If the offence is more serious in nature with a risk of a stringent penalty, then even if you intend to plead guilty it may be advisable to go to court with a solicitor who will be able to speak about your mitigating circumstances and may be able to put forward any arguments against certain aspects of your sentence, such as loss of your licence.
If you are not intending to plead guilty by post or if the summons is to be a witness, then you should attend court as required.
FAQ
How long do police have to issue a summons?
The police have six months from the date of the incident in which to lay a charge. As part of this process, they will send you a summons.
What if my summons does not arrive in 6 months?
The police can still proceed with a prosecution, even if you receive your summons more than six months after the date of the alleged offence. Provided they have put evidence before the court so that the prosecution process can be commenced and take some steps towards issuing a summons, it does not matter if the actual document is received by you longer than six months from the date of the incident.
Does a court summons come with recorded delivery?
A summons in respect of a criminal issue will usually not be sent by recorded delivery and will be posted by first class post (or equivalent) to your last known address, which is likely to be either the address you gave to the police when you were stopped or the address held by DVLA.
For more information about our services, see Motoring offences.
Are witness summons and a subpoena the same?
A subpoena is a Latin term used to describe a witness summons. Following a reform aiming to use plain English in law in the UK, this term is no longer used in civil proceedings in England and Wales but it is still commonly used as legal jargon in North America.
Contact Our Expert Motoring Solicitors
If you have received a summons, you are advised to speak to a solicitor without delay. Our motoring team can advise you of your options and the best course of action, representing you to ensure that your interests are protected.
If you would like to discuss how to proceed with one of our litigation teams in London, Birmingham and Northampton or you have any questions, email us at info@witansolicitors.co.uk or fill in our contact form.
