Missing a court date isn’t like missing a dentist appointment. Whether you forgot, were stuck at work, or simply panicked and didn’t show up, the consequences in Saskatchewan can escalate quickly. 

Today, we’ll talk about what you can expect and what you should do next.

The Immediate Consequence: A Bench Warrant

When an accused person fails to appear in court, the judge will almost always issue a bench warrant for their arrest. This authorizes any peace officer in Canada to take you into custody and bring you before the court. The warrant doesn’t expire on its own. It can sit in the system for months or years until you’re stopped for something unrelated, like a routine traffic check, and the officer runs your name.

In some cases, particularly for minor matters, the Crown may ask the judge to hold the warrant briefly to give you a chance to appear voluntarily. This isn’t guaranteed, and it depends on the judge, the charges, and your history.

A New Criminal Charge

Failing to appear is itself a criminal offence under section 145 of the Criminal Code. If convicted, you face a fine, a criminal record, and potentially up to two years in jail for indictable matters. The Crown has to prove you knew about the court date and didn’t have a lawful excuse for missing it. “I forgot” generally isn’t a lawful excuse. Genuine emergencies, such as a documented medical crisis, may be.

This new charge is added to whatever you were originally facing. So a minor matter can suddenly become two matters, with the failure to appear potentially carrying more weight at sentencing than the original charge.

Impact on Your Bail Conditions

If you were out on a release order, missing court is a breach of that order. The Crown may seek to revoke your bail entirely, meaning you could be held in custody until your matter is resolved. Even if you get a new release order, the conditions are likely to be stricter. Now, they might include a surety, cash deposit, curfew, or check-in requirements with police.

Your credibility with the court takes a real hit. Judges remember accused people who don’t show up, and that affects future bail decisions, sentencing, and how seriously your explanations are taken.

What to Do If You’ve Already Missed Court

Contact a Regina criminal defence lawyer right away. A lawyer can often arrange for you to surrender voluntarily, which gives you a much better chance of getting released again on reasonable conditions. They can also speak to the Crown about whether the failure to appear charge can be withdrawn or resolved without a conviction.

When the Warrant Catches Up to You

If you’re arrested on a bench warrant, you’ll be held until you can be brought before a judge, usually within 24 hours. Whether you’re released depends on the original charges, your history, and how you handle the situation. Showing remorse, having a stable address, and demonstrating you’ll attend future dates all help.

If you’ve missed a court date in Saskatchewan, call Linh Pham of Regina Criminal Law at (306) 502-5987 for a free consultation.