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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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I have received a postal requisition to appear before a magistrates

Customer Question

I have received a postal requisition to appear before a magistrates court to answer a common assault charge. The date is in the middle of a holiday I booked abroad a long time ago. How do I get the date changed?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

Will you be pleading guilty or not guilty?
Customer: replied 3 years ago.

not guilty

Expert:  Jo C. replied 3 years ago.
Do you have solicitors ?
Customer: replied 3 years ago.

yes

Expert:  Jo C. replied 3 years ago.
If this is a pre booked holiday then the Courts should be sympathetic.

Get your solicitors to request an adjournment on the basis that you are summonsed at the time of a pre-booked holiday. As long as you can show evidence of that I would not normally expect that to be refused.

Failing that, if this is a summons not a Bail Act matter you can always answer it through your solicitors who can enter a not guilty plea on your behalf.

Even if you don't go though, and I'm not suggesting that anybody should ever do that, on a summons you commit no Bail Act offence. All that would happen is that the court would direct a not guilty plea and it would be adjourned off for trial. That is obviously bad if a person wants to plead guilty but not so bad if a person wants to fight the matter anyway.

Nevertheless, your solicitors can make a written application which should not really be refused if the facts are as you say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.

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