Notices under s. 44, service and proof of
45 Notices under s. 44, service and proof of
For the purposes of section 44(5) notice to a surety may be given —
orally to the surety by the judicial officer when he fixes a time and place for the proceedings or the resumed proceedings; or
in the approved form to the surety personally; or
by a person authorised under subsection (5) —
sending or causing to be sent the approved form to the surety by post to the surety’s address appearing in the records of the court; or
providing or causing to be provided the approved form to the surety by electronic means in accordance with the regulations.
A person who gives a notice in accordance with subsection (1)(b) or (c) shall endorse on a file copy of the notice a certificate showing —
that the person has done so; and
the time of doing so.
If a notice is sent by post under subsection (1)(c), the notice is to be presumed, unless the contrary is shown, to have been received at the time when, in the ordinary course of events, it would have been delivered.
A judicial officer who, under subsection (1)(a), notifies a surety of the time and place for the proceedings or the resumed proceedings shall cause to be endorsed on a file copy of the surety’s undertaking a certificate showing details of such time and place and that the surety has been notified of them.
In any proceedings —
a document purporting to be a copy of a notice referred to in section 44(5) shall be evidence of the terms of the notice; and
an endorsement —
on a file copy of a notice given under subsection (1)(b) or (c) purporting to be a certificate referred to in subsection (2); or
on a file copy of a surety undertaking purporting to be a certificate referred to in subsection (3),
is evidence of the matters appearing in the certificate without proof of the signature of the person who made the endorsement.
A registrar of the court, other than a deputy registrar of the Magistrates Court or the Children’s Court, is an authorised person for the purposes of subsection (1)(c) and in addition —
in respect of committals to the Supreme Court, the Chief Justice; and
in respect of committals to the District Court, the Chief Judge,
may authorise a person or persons, by name or office, to perform the function referred to in subsection (1)(c).
[Section 45 amended: No. 74 of 1984 s. 15; No. 59 of 2004 s. 141; No. 6 of 2008 s. 28(1)‑(5); No. 20 of 2013 s. 30; No. 34 of 2020 s. 82.]
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