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Section 10: Estreatment of recognisance

Bail Act · PART III: CONDITIONS FOR RELEASE ON BAIL

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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