The Court Martial Appeal Court (Bail) Order 2009

Bail with sureties

12.—(1) This article applies where a person is granted bail under this Order on condition that he provides one or more surety or sureties for the purpose of securing that he surrenders to custody.

(2) In considering the suitability for that purpose of a proposed surety, regard may be had (amongst other things) to—

(a) the surety’s financial resources;

(b) his character and any previous convictions of his; and

(c) his proximity (whether in point of kinship, place of residence or otherwise) to the person for whom he is to be surety.

(3) Where the Court grants a person bail under this Order on such a condition but is unable to release him because no surety or no suitable surety is available, the Court shall fix the amount in which the surety is to be bound and paragraphs (4) and (5) shall apply for the purpose of enabling the recognizance of the surety to be entered into subsequently.

(4) Where this paragraph applies the recognizance of the surety may be entered into before such persons or descriptions of persons as the Court may by order specify or, if the Court makes no such order, before the registrar.

(5) Where a surety seeks to enter into his recognizance before any person in accordance with paragraph (4) but that person declines to take his recognizance because he is not satisfied of the surety’s suitability, the surety may apply to the Court for the Court to take his recognizance and the Court shall, if satisfied of his suitability, take his recognizance.

(6) Where, in pursuance of paragraph (4), a recognizance is entered into otherwise than before the Court, the same consequences shall follow as if it had been entered into before the Court.