The Court Martial Appeal Court (Bail) Order 2009

Forfeiture of a recognizance given as a condition of bail

This section has no associated Explanatory Memorandum

13.—(1) This article applies where—

(a)the Court grants bail under article 3; and

(b)the bail is subject to a condition that the appellant provides a surety to guarantee that he will surrender to custody as required; and

(c)the appellant does not surrender to custody as required.

(2) The registrar shall serve on the surety and the Director of Service Prosecutions notice of a hearing at which the Court may order the forfeiture of the recognizance given by the surety.

(3) The Court shall not forfeit a surety’s recognizance—

(a)less than 7 days after the date on which the registrar serves notice under paragraph (2); and

(b)without giving the surety an opportunity to make representations at the hearing.