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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10091
Experience:  30 years as a practising solicitor.
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I was due to attend court today while on

Customer Question

Hi I was due to attend court today for sentencing while on bail however I missed this due to ill health. I faxed the court advising of this however they were not prepared to accept this and have now issued a warrant for my arrest to appear. When am I likely to have police at my door and can i turn up at court for it to be dealt with there and then? Thanks
Submitted: 6 months ago.
Category: Scots Law
Expert:  JGM replied 6 months ago.
You need a medical certificate and for your solicitor to arrange with the PF for you to appear so that they only execute the warrant on the day you are arranged to appear. If your solicitor deals with this quickly the police won't have time to execute the warrant. Note that the court has no discretion here. It is the PF who can exercise discretion. I hope that helps. Please leave a positive meeting so that I'm credited for my time.
Customer: replied 6 months ago.
Hi if I arrange for a medical certificate to be sent to my solicitor can they arrange a new court date ? The court were aware of my reason for non attendance however as it was late and I have no background reports they have issued a warrant. The health is depression and suicidal thought. Can I still try and get this over turned and new date issued? Thanks
Expert:  JGM replied 6 months ago.
This is nothing to do with the court. Your solicitor should be able to sort this out with the PF provided you get the medical certificate to your solicitor in time. The PF asked for the warrant and the court granted it. Only the PF can tell the police not to execute it. In other words the ball is very much in your court.
Customer: replied 6 months ago.
How long do I have to do this is are the police likely to appear tonight or early tomorrow ? If it is a failure to attend warrant is that not the court that issues this though?
Expert:  JGM replied 6 months ago.
Get to your doctor first thing and then to your solicitor and ask him to call the PF. The court issues the warrant but the PF asks for it and can tell the police not to execute.
Customer: replied 6 months ago.
Sorry 1 final thing would this then be a new court date for me to appear again or would I just turn up at court the next day ?
Expert:  JGM replied 6 months ago.
If it can be agreed, the PF would tell your solicitor to have you at court on a particular day.
Customer: replied 6 months ago.
OK thank you. I take it something from my gp advising I was feeling suicidal on Sunday evening and that my depression has been bad for last 6 weeks will be what they need ?
Expert:  JGM replied 6 months ago.
You need a report of a recent recognisable medical condition and your GP should certify this "on soul and conscience". You MUST ensure that his report contains these words or it will not be acceptable. Your GP should know this.
Customer: replied 6 months ago.
Any idea How long would it take for the police to be notified of the warrant and then arrive at my home? Thanks
Expert:  JGM replied 6 months ago.
It depends on the area and how busy the police are. Typically two or three days.
Customer: replied 6 months ago.
My lawyer has told me that they cannot notify the PF with a medical certificate and will not send it on for me, am I able to call the PF and try and come to an agreement with them myself to get this resolved without the warrant ?
Expert:  JGM replied 6 months ago.
Yes you can. I am very surprised at your lawyer's response to this. One would have thought he would be trying to help you in this difficult situation.
Customer: replied 6 months ago.
She has advised me that she feels I am making the situation worse by saying I was unable to attend as I was depressed. How am I best to handle the situation with the PF tomorrow morning when I call them ? I was unable to get a hold of them today due to the time they got back to me today to say they can't do it. This should making me feel even worse and even more suicidal. Thanks
Expert:  JGM replied 6 months ago.
Depression is an illness and if you have a medical certificate on soul and conscious then that would have to be accepted. You should say to the PF that you were ill and have a medical certificate and can you arrange to appear without the warrant being executed. Please leave a positive rating so that I am credited for my time.
Customer: replied 6 months ago.
Hi i have been unsuccessful in contacting the PF, can I call the police and arrange to walk in to the police station on Monday to hand myself in once I have returned from my parents as I am still not 100% well
Expert:  JGM replied 6 months ago.
The problem with that is they may have to hold you till Tuesday. You really should deal with the PF.
Customer: replied 6 months ago.
It's Friday night and I am concerned the police are looking for me and will turn up on the doorstep and arrest me. I am wanting to stop that and I am thinking if I can make an arrangement to hand myself in when home as I don't want them knocking on my door while my flat mate is in. If I call the police can they agree to let me walk in when back or would they demand I appear now?
Customer: replied 6 months ago.
Can anyone help with this?
Expert:  JGM replied 6 months ago.
You already have my answer on this. The police can agree nothing. All they can do is execute a warrant. You have to deal with the PF which I told you to do last week.
Customer: replied 6 months ago.
I have been attempting to contact the PF but the numbers ring once then disconnect. Due to this I wanted to check if I could arrange with the police but you have advised no. Thank you for your help.
Expert:  JGM replied 6 months ago.
You're welcome. Please leave a positive rating so that I am credited for my time.

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