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The Crown Court (Amendment) Rules 1998

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Amendment of Crown Court Rules 1982

2.—(1) The Crown Court Rules 1982(1) shall be amended as follows.

(2) In rule 21(1), after the words “conditions of the recognizance”, there shall be inserted the words “, other than by failing to appear before the Court in accordance with any such condition”.

(3) After rule 21, there shall be added the following rule:

“21A.—(1) Where a recognizance is conditioned for the appearance of an accused before the Crown Court and the accused fails to appear in accordance with the condition, the Court shall declare the recognizance to be forfeited.

(2) Where the Crown Court declares a recognizance to be forfeited under paragraph (1) above, the appropriate officer of the Court shall issue a summons to the person by whom the recognizance was entered into requiring him to appear before the Court at a time and place specified in the summons to show cause why the Court should not order the recognizance to be estreated.

(3) At the time specified in the summons the Court may proceed in the absence of the person by whom the recognizance was entered into if it is satisfied that he has been served with the summons”.

(1)

S.I. 1982/1109.

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