Section 10Part 2 — Grant of Bail in Criminal Proceedings
Forfeiture of recognisance or security
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A court may order the forfeiture of the whole or any part of any recognisance or security given by or on behalf of a person under section 4 or 5 if it is satisfied that the person failed to surrender to custody unless it appears to the court that he has reasonable cause for his failure.
An order under subsection (1) takes effect twenty-one days after it was made unless previously revoked.
A court that has made an order under subsection (1) may revoke the order if, on application by or on behalf of the person who gave the recognisance or surety, it is satisfied that a reasonable excuse did exist for the person to fail to surrender to custody.
An application under subsection (3) may be made before or after the order for forfeiture has taken effect, but a court has no power to consider such an application unless it is satisfied that the applicant gave the prosecution reasonable notice of his intention to make the application.
An order under subsection (1) shall specify the way in which the forfeiture is to be enforced.
Cross References
- Section 4 of Bail Act
section 4
- Section 5 of Bail Act
section 5