Do you have to appear in person at the police court?

Do you have to appear in person at the police court (politierechtbank / tribunal de police)? The short answer: usually not. In traffic cases you may be represented by your lawyer, and in most files that is also the best choice — you do not lose a working day, and your case is argued by someone who knows the file. There are, however, two situations in which your presence makes the difference.

Appearing in person at the police court: what does the law say?

The Code of Criminal Procedure (Wetboek van strafvordering / Code d’instruction criminelle) allows the defendant to be represented by a lawyer before the police court. You are therefore not obliged to attend yourself. The judge may, however, order you to appear in person when he wishes to hear you directly. This happens mainly in more serious cases or when the judge is considering a sentence that requires your cooperation.

When it is better to attend yourself

1. The judge orders you to appear in person. Attending is then not optional. If you stay away nonetheless, you risk the case being adjourned or the judge deciding without having heard your explanation — with all the consequences that entails.
2. Your personal situation is the argument. Where the facts are serious — reoffending, an accident with injuries, the prospect of a long driving ban — it helps when the judge sees you, hears your explanation and notices that you take the matter seriously. A lawyer can describe your situation; he cannot show remorse on your behalf.

When representation by your lawyer is enough

For a first offence, a purely technical challenge, or where the debate on sentencing is conducted on the basis of documents — an employer’s certificate, payslips, a completed training course — your presence adds nothing. Likewise, when the hearing only serves to set deadlines for written submissions or to request an adjournment of the case, your lawyer is enough.

Nor do you need to attend in person for a community service sentence (werkstraf / peine de travail), a probation sentence (probatiestraf / peine de probation) or a suspension of the pronouncement of sentence (opschorting van de uitspraak / suspension du prononcé). The new Criminal Code, in force since 1 September 2026, provides that the judge may order any of these if you consent, in person or through your lawyer (Articles 44, 45 and 64 of the Criminal Code). So discuss this with your lawyer beforehand, so that he can give your consent on your behalf at the hearing. Read more about suspension of sentence, suspended sentences, community service and training before the police court.

What if you do not appear and nobody represents you?

You will then be convicted by default (bij verstek / par défaut). The court decides on the basis of the public prosecutor’s file alone: the judge does not know your side of the story, and in practice the sentence tends to be heavier. A default judgment can contain the same penalties as a judgment given after both sides were heard, including a driving ban (verval van het recht tot sturen / déchéance du droit de conduire).

You can lodge an objection (verzet / opposition) within fifteen days of service of the judgment, but if you knew you had been summoned, you must justify your absence by force majeure or a legitimate excuse; otherwise the objection is deemed not to have been lodged (Article 187 § 6 of the Code of Criminal Procedure). An objection also costs time, money and a second hearing. If you fail to appear again, the objection is deemed not to have been lodged, after which the first judgment becomes final. More on objection and appeal.

In practice: how does a police court hearing work?

Cases are called courtroom by courtroom, usually in the order of the court list. If you attend yourself, arrive half an hour early, bring your identity card and the summons (dagvaarding / citation), and keep at hand the documents that support your situation.

When your case is called, the judge usually starts by asking you a few questions about the facts; answer briefly and factually. The public prosecutor then sets out the prosecution’s position and your lawyer pleads your case; as the defendant, you generally have the last word. Judgment is given at the hearing itself or a few weeks later. More on preparing for your hearing.

And if you really cannot make it that day?

Let your lawyer know in good time. You can ask for the case to be adjourned, but the request must be reasoned and is not granted automatically. What you must never do is simply let the hearing pass: a default judgment will cost you more time than the hearing itself.

What should you bring to the police court?

• your identity card or passport;
• the summons;
• the documents that support your situation: an employer’s certificate, payslips, a medical certificate, proof of a completed training course or of a regularisation, for example a new insurance policy;
• a list of your questions, so that you do not forget anything after the hearing.

You do not have to hand in your driving licence at the hearing. If the judge imposes a driving ban, it only takes effect once the judgment has become final and the public prosecutor has notified you (Article 40 of the Road Traffic Act — Wegverkeerswet / loi relative à la police de la circulation routière). You then surrender your licence as instructed in that notification. Failing to do so is a separate offence (Article 49/1 of the Road Traffic Act): for offences committed on or after 1 September 2026, a level 1 penalty (strafniveau / niveau de peine), with a fine of €2,000 to €20,000 (including the statutory surcharge, opdeciemen / décimes additionnels) and no prison sentence.

Your attitude in court

The judge sees dozens of cases in a single morning. Those who arrive on time, are neatly dressed, stay calm and answer briefly leave a good impression. Do not interrupt the judge or the public prosecutor, and leave the legal discussion to your lawyer.

Say honestly what happened and what you have changed since. Judges can tell the difference between a rehearsed statement and a sincere explanation.

You do not understand the language of the court?

You are then entitled to an interpreter free of charge. In certain cases you can also ask for your case to be dealt with in another national language, for example in French instead of Dutch. Read more about changing the language of proceedings before the police court.

Do you live abroad?

Representation by your lawyer is then usually the best solution: you do not need to travel to Belgium for the hearing. Read more about being summoned in Belgium while living abroad.

Frequently asked questions

I am ill on the day of the hearing. What now?

Inform your lawyer immediately and send him a medical certificate. He can ask for an adjournment or handle the case in your absence, if your presence is not essential. The judge decides whether to grant the adjournment.

Can I go to the police court without a lawyer?

Yes. Legal assistance is not compulsory before the police court: you may appear yourself and conduct your own defence. If you do not attend yourself, however, only a lawyer can represent you — not a family member, a friend or your employer.

May someone accompany me?

Yes. Hearings are, as a rule, public. A partner, family member or employer may sit in the courtroom. Anyone who can confirm something about your situation usually does so best through a written statement that your lawyer files.

How long does a hearing take?

Your own case often takes only a few minutes, but expect to wait: cases are called one after another, and the order is not always fixed in advance.

Novex Advocaten: your lawyer before the police court

We discuss with you beforehand whether your presence adds value in your case, and we appear on your behalf when it does not — before the police courts of Brussels, Halle, Vilvoorde, Leuven and Aalst. We assist you in Dutch, French, English and Arabic.

Call 0484 99 22 72 or email asfour@novexadvocaten.be.