Arrested for Failing to Attend a Court Hearing You Knew Nothing About?

There’s a hoary old trope in detective stories which holds that criminals are always drawn back to the scene of the crime.

In this week’s blog post I will reveal how that adage was apparently at the heart of some real- life “Keystone Cops” policing, as my client was arrested for failing to attend Court… after a Summons had been sent, not to her home address, but to the stretch of road where she’d been arrested. 

What is a Postal Summons?

 A Postal Summons, also known as a Postal Requisition or Notice of Criminal Charge, is the means by which the Police notify a person of criminal charges against them, if they are not charged “in person” at the Police station. The Summons sets out the date on which the person must attend at Court to enter a guilty or not guilty plea to the charge. Should they fail to attend, the Court will almost automatically issue a warrant for their arrest, and so the next thing through the wanted person’s front door will not be a letter – but the boots of Police Officers. 

The obvious fallibility in the Postal Summons system is this – what if the notice is sent to the wrong address? What is your right of redress when you are arrested for failing to attend a Court hearing you genuinely knew nothing about? 

What Happened in this case?

 In October 2022, my client, Maria (name changed for this blog post) was arrested on suspicion of driving under the influence of drugs. She was then released under investigation. 

In the early hours of the morning of 15 December 2023, Metropolitan Police Officers attended Maria’s home address with a warrant for her arrest for failing to attend Court in March 2023.

 Maria was not home, and the officers left.

 Maria subsequently self-presented on the 27 December 2023 at Charing Cross police station.

 Maria was then arrested for “failing to attend Court”. Following process, she was detained in a cell and transported to Westminster City Magistrates’ Court in handcuffs.

 At Court, it was ascertained that the Summons had been sent, not merely to an incorrect address, but actually no address at all, rather the location of Maria’s arrest on the A406 Westbound in Finchley. 

On that basis, Maria was immediately released. 

I obtained a copy of Maria’s Summons, and it doesn’t take much rocket science to identify the problem (redacted to remove her actual name and DOB) –

A Reminder of your Rights: What to do if this Happens to You

After the harrowing experience of her arrest, Maria consulted me for expert advice and I offered her representation on a no win, no fee basis and prepared a succinct and effective letter of claim against the Met.

 I am pleased to report that I have recently settled Maria’s claim for damages for her unlawful arrest in the sum of £4,350, plus her legal costs.

 This extreme example is thankfully an outlier in terms of crass stupidity, with both Police and Court staff apparently putting bureaucracy where their brains should be; but it is not unique in my experience. In 2021 I wrote about the case of my client Tony, who was arrested by Merseyside Police at his actual home address after they had posted a Summons to the location of his Stop-and-Search –“Street Record, Green Lane, Tuebrook, Liverpool, L13 3DB”.  

Much more regularly, less obvious mistakes leading to equally unjust outcomes occur, generally involving the Police posting the Summons to a person’s old address, and I’m pleased to be here to be able to offer assistance if this happens to you.

I can help guide you past the provisions of the Constables Protection Act (which grants immunity from suit to Police Officers enforcing an Arrest Warrant), utilising the Human Rights Act, Data Protection Act and the many twists and turns of the law of civil wrongs (also known as tort law) – including negligence and misfeasance in public office – and ensure that when the Police do admit liability you get the maximum amount of compensation you are entitled to, given the unique circumstances of your case. 

Read here about some of the many clients whom I have helped recover substantial damages after they were arrested for failing to attend Court hearings which they could never in fact have known about because of the summons/ postal requisitions being sent to the wrong address –

• £20,000 Damages for Postal Summons Address Error Arrest 
• £8,000 Damages After Court Summons goes to Wrong Address   
• How I helped a client claim compensation after a postal summons error 
•  Damages For Court Summons Sent to Wrong Address 
• Wrongly Addressed, Wrongful Arrest
• Hell After Holiday: Wrongful Arrests at the Airport

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