Summons/Court No show

Independent12

Hi all
Can someone please tell me the answer to the following;
If a summons (for drink driving) is delivered by ordinary post to an address that someone hasn't lived at for a year and therefore is not received by the person it's addressed to what happens on the court date?
I read on citizens advice website that the judge can either;
- hear case in defendants absence, or
- adjourn it.
My question is - if it is adjourned does a completely new summons have to be applied for by the guards or is the adjournment simply a few weeks for the guards to locate the defendent and serve on them personally the same summons?

Thanks in advance

Pat Mustard

To attempt to answer your question without breaching the forum charter, I didn't see anything in the details of your questions which would tend to show that a new summons would need to be issued.

Independent12

Thanks for the reply.
Would the current summons suffice given that it has a particular court date on it? That is why I thought a new one would have to be applied for?

Independent12

Or does an adjournment mean they just notify you of a new date?
If so do they just use the same address again without checking you still live there?
In the case of an "adjournment" roughly how soon would the new court date be?
Thanks

Lmklad

Independent12 wrote: »

Or does an adjournment mean they just notify you of a new date?
If so do they just use the same address again without checking you still live there?
In the case of an "adjournment" roughly how soon would the new court date be?
Thanks

I'll have to make assumptions. If the summons was for the OP served at an old address yet you now know about it you are obliged to attend court.

The summons is "live" until dealt with by a judge and would only usually be reissued if time ran out before service.

Pat Mustard

Independent12 wrote: »

Thanks for the reply.
Would the current summons suffice given that it has a particular court date on it? That is why I thought a new one would have to be applied for?

A charge can be up for mention on a date which may be stated on a summons and such matter can still be adjourned to another date by a judge, depending on all of the circumstances, of course.

Pat Mustard

Lmklad wrote: »

I'll have to make assumptions. If the summons was for the OP served at an old address yet you now know about it you are obliged to attend court.

You are assuming that the summons was properly served. In the circumstances, I wonder whether it is safe to take this for granted, at this stage.

ezra_pound

Independent12 wrote: »

Hi all
Can someone please tell me the answer to the following;
If a summons (for drink driving) is delivered by ordinary post to an address that someone hasn't lived at for a year and therefore is not received by the person it's addressed to what happens on the court date?
I read on citizens advice website that the judge can either;
- hear case in defendants absence, or
- adjourn it.
My question is - if it is adjourned does a completely new summons have to be applied for by the guards or is the adjournment simply a few weeks for the guards to locate the defendent and serve on them personally the same summons?

Thanks in advance

Why would they serve it personally?

miss.piggy

to make sure it is received?