Section 10: Estreatment of recognisance
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
10. Estreatment of recognisance
(1) Where a recognisance referred to in section 6 has been taken for the
appearance of a person and that person does not surrender to custody or
appear before a Court as and when required, the Court shall order the recognisance to be estreated, unless the Court is satisfied that there are reasonable
grounds explaining his failure to surrender to custody or to appear before
Court in which case the Court may, on the day of such failure or the following
day, reinstate the recognisance if already estreated.
(2) Where a recognisance has been estreated pursuant to subsection (1),
the amount of the recognisance shall, even if it exceeds the jurisdiction of
the Court, be recoverable from the person who entered into the recognisance
or from any surety in the same manner as if it were a fine lawfully imposed
by the Court.
(3) (a) The Attorney-General may, on good cause shown, remit in whole
or in part the amount of an estreated recognisance.
(b) Where the Attorney-General has received a petition for the
remission of an estreated recognisance, he may require the Court to stay the
recovery of any amount due thereon for a period which shall not exceed 3
months.
B1 – 7 [Issue 4]
Bail Act
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Questions this section answers
- If I fail to appear in court as required, can my bail recognisance be forfeited?
- Can the Attorney-General reduce or cancel the amount I owe if my recognisance is forfeited?