PART 19BAIL AND CUSTODY TIME LIMITS
SECTION 2: BAIL
Forfeiture of a recognizance given by a surety19.15
1
This rule applies where the court imposes as a condition of bail a requirement that a surety enter into a recognizance and, after the defendant is released on bail,—
a
the defendant fails to surrender to custody as required, or
b
it appears to the court that the surety has failed to comply with a condition or direction.
2
The court officer must serve notice on—
a
the surety; and
b
each party to the decision to grant bail,
of the hearing at which the court will consider the forfeiture of the recognizance.
3
The court must not forfeit the recognizance less than 5 business days after service of notice under paragraph (2).
[Note. If the purpose for which a recognizance is entered is not fulfilled, that recognizance may be forfeited by the court. If the court forfeits a surety’s recognizance, the sum promised by that person is then payable to the Crown. See also section 120 of the Magistrates’ Courts Act 1980319.]