Crown Proceedings Act 1958

Where a court is satisfied that a person has failed to observe a condition of bail the court shall declare the bail to be forfeited and shall order that the amount undertaken by the bail guarantor or guarantors to be paid to His Majesty in the event of such a breach be paid to the proper officer of the court forthwith or within such time as the court allows and that in default of payment of that amount in accordance with the order that the amount be obtained by seizing and selling the property of the bail guarantor or guarantors and in default, in whole or in part, that the bail guarantor or guarantors be imprisoned for the term (not exceeding two years) fixed by the order.

Where a court makes an order under subsection (1) and the bail guarantor has pursuant to section 9(3) of the Bail Act 1977 lodged in cash the amount of the bail the court shall order that the cash lodged be forfeited and that the amount of the bail be paid to the proper officer of the court.

Every order under subsection (1) shall be in the prescribed form, shall be signed by the judge, or magistrate presiding and shall be delivered to the proper officer of the court.

Where a court makes an order under subsection (1) in the absence of one or more bail guarantors the proper officer of the court shall send by post addressed to each of the absent bail guarantors at his address shown in the undertaking of bail a notice in writing signed by the proper officer of the court setting forth—

particulars of the order made against the bail guarantor; and

a statement that a warrant of seizure and sale or a warrant to seize property will issue after the expiration of 28 days unless—

the amount due under the order is paid;

an order is made for the payment of the amount by instalments; or

application is made under subsection (4) for rescission or variation of the order.

Where bail is declared to be forfeited under subsection (1) any bail guarantor may at any time within 28 days after the making of the order or, if the order was made in the absence of the bail guarantor, within 28 days after the order first comes to his notice apply to the Court that made the order to vary or rescind the order on the ground that it would be unjust to require him to pay the amount undertaken to be paid having regard to all the circumstances of the case and the court may vary or rescind the order and cancel any warrant issued in the case under the provisions of this section before the warrant so issued is executed.

Every application under subsection (4) shall be in writing in the prescribed form signed by the person making the application, shall set forth the grounds of the application and shall be lodged with the proper officer of the court a reasonable time in the circumstances before the hearing of the application.

Not less than 28 days before the hearing of an application under subsection (4) the applicant shall serve or cause to be served personally or by post—

on the informant or complainant; or

where the informant is a police officer—on the officer in charge of the police station nearest to the court where the application is to be heard; or

in the case of an indictment or an appeal—the Director of Public Prosecutions—

At the time after the lodging of an application under subsection (4) the applicant may apply ex parte to a court for a stay of proceedings in the matter and upon any such application the court may direct the return of any warrant unexecuted or may stay the issue or execution of a warrant pending the determination of the application.

The Governor in Council may make regulations prescribing forms for the purposes of this section.

Every warrant of seizure and sale and warrant to seize property of a bail guarantor to forfeited bail shall be in or to the effect of the prescribed form and every warrant to imprison a bail guarantor shall be in or to the effect of the prescribed form.

The proper officer of the court shall attach or cause to be attached to every warrant to imprison issued under this section a notice in the prescribed form addressed to the police officer executing the warrant requiring the police officer to deliver to the bail guarantor before the execution of the warrant a statement in writing in the prescribed form with respect to the provisions of subsection (4) and shall allow the bail guarantor reasonable time and opportunity to make application thereunder should he so desire.

Any police officer to whom a warrant under this section is directed shall execute the warrant according to its tenor unless the amount of money specified in the warrant be sooner paid and the officer in charge of the prison shall receive into his custody any person referred to in a warrant to imprison and safely keep him for the period stated in the warrant unless the amount be sooner paid or unless he is otherwise removed or discharged from custody by due course of law.

The provisions of the Magistrates' Court Act 1989 with respect to warrants and to the payment or part payment of moneys shall, so far as those provisions are applicable and with such modifications as are necessary, extend and apply with respect to the recovery of moneys payable under bail undertakings and in particular with the following modifications, namely—

any reference in those provisions to a warrant shall be read and construed as if it were a reference to a warrant issued for the purposes of this section;

any reference in those provisions to a fine or other sum adjudged to be paid under a conviction or order of the Magistrates' Court shall be read and construed as if it were a reference to an order made for the recovery of the moneys payable under forfeited bail;

any reference in those provisions to the Magistrates' Court shall be read and construed as if it were a reference to a court declaring bail to be forfeited;

any reference in those provisions to a registrar of the Magistrates' Court shall be read and construed as if it included a reference to the Prothonotary or the Registrar of the County Court (as the case requires).

The officer in charge of a prison shall on receiving payment of moneys payable under bail declared to be forfeited forthwith pay the amount received to the proper officer of the court.