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The Criminal Justice (Northern Ireland) Order 2003

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Forfeiture of recognizancesN.I.

24.—(1) Where—

(a)a person enters into a recognizance;

(b)it is a condition of the recognizance that he appears before the Crown Court; and

(c)he fails to appear in accordance with the condition,

the Crown Court shall exercise the powers conferred by section 10 of the Fines Act (Ireland) 1851 (c. 90) (estreat of recognizances) in relation to his recognizance (whether or not it also exercises its powers in relation to any surety for that person).

(2) In Article 138 of the Magistrates' Courts (Northern Ireland) Order 1981 (Nl 26) (estreat of recognizances), for paragraphs (2) and (3) there shall be substituted the following paragraphs—

(2) Paragraphs (2A) and (2B) apply where—

(a)a recognizance to keep the peace or to be of good behaviour or to keep the peace and be of good behaviour has been entered into before a magistrates' court; or

(b)it is a condition of any recognizance that a person appears before a magistrates' court or at a police station; or

(c)any other recognizance may be enforced by a court of summary jurisdiction.

(2A) If, in the case of a recognizance a condition of which is that an accused appears before a magistrates' court, the accused fails to appear in accordance with the condition, the court shall—

(a)order the estreat of the recognizance; and

(b)direct the issue of a summons to any surety for that person requiring the surety to appear before a court of summary jurisdiction on a date specified in the summons to show cause why he should not pay the sum in which he is bound;

and on that date the court may proceed in the absence of any surety if it is satisfied that he has been served with the summons.

(2B) If, in any other case falling within paragraph (2), the recognizance appears to the magistrates' court to be forfeited, the court may order the estreat of the recognizance on each person bound by it, whether as principal or surety, but, in a case falling within paragraph (2)(a), the court shall not order the estreat of the recognizance except on complaint.

(3) The power of the court under paragraph (2A) or (2B) to order the estreat of the recognizance includes power to order the estreat of the recognizance to such lesser amount as the court thinks fit and power to remit payment of the amount due under the recognizance. .

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