Change of address
10 Change of address
A surety must, in writing, notify the court where the accused is to appear of any change to the surety’s residential address. It is an offence not to do so without reasonable cause. The penalty is a fine of up to $1 000.
11. Action by surety where accused likely to default
A surety who reasonably believes that —
the accused is not likely to appear in court; or
a bail condition is being, has been or is likely to be broken,
should notify the prosecutor or a police officer in writing and that person may have the accused brought before the court. However, the surety’s obligations continue until the accused is brought before the court.
In cases of urgency where the surety reasonably believes that the accused is not likely to appear in court or that the accused has broken any bail condition, the surety has the power to arrest the accused. The surety must hand the accused over as soon as is practicable to a police officer who is required to take the accused before the court.
Once the accused has been taken before the court the surety undertaking will not be continued in force without the surety’s consent.
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