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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11753
Experience:  30 years as a practising solicitor.
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If someone fails to appear before the sheriff court on a

Resolved Question:

If someone fails to appear before the sheriff court on a threatening behaviour charge because they have done a runner to Spain, are they likely to be arrested when presenting their passport at UK border control? For this type of charge, is it likely that a EAW will have been issued? Many thanks.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

It's unlikely that an EAW would be executed in Spain but the person will be arrested on their return to the UK.

Customer: replied 1 year ago.
just to clarify, when the person presents their passport at border control anywhere in the UK, the warrant will be flagged up and they will be arrested. Is that correct? And then what? Are they returned to the relevant sheriff court under police escort? And then held in custody pending a court appearance? Or are they likely to be bailed pending the appearance? Thanks.
Expert:  JGM replied 1 year ago.

That is correct. They are held in custody and appear at the next available custody court at the sheriff court from which they failed to appear. Bail would not be granted.

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Customer: replied 1 year ago.
Thank you — that is very helpful indeed. No further clarification needed!