Enforcing payment by surety
13 Enforcing payment by surety
Where an accused fails to appear in court, a surety will be summoned before the court and an order for payment of the amount of the surety’s undertaking will be made against the surety unless the surety shows that the accused had a reasonable cause for failing to appear.
If such an order is made, but at a later date the surety learns that there was a reasonable cause for the accused’s failure, the surety may apply to the Governor for a refund.
14. Cases of hardship
If excessive hardship would result from ordering payment by a surety, and it would not be removed by allowing time to pay or meeting payment from a security given by the surety, the court may decline to order payment by the surety or may reduce the amount to be paid. However, the hardship must be due to a change of circumstances since the surety undertaking was entered into.
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