Bail and the Human Rights Act 1998: [HC]
Published June 2001
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Published 1976
The Stationery Office Books
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by Neil Corre, David Wolchover
Published1999
Blackstone Press
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WITHDRAWAL OF SURETY
If a surety notifies a constable in writing that the defendant is unlikely to surrender to custody and (s)he therefore wishes to be relieved of his or her obligations as a surety the constable may arrest that person without warrant.
Such notification does not automatically release the surety from his or her responsibilities. A surety may only withdraw if the defendant is before the court and an application made to vary bail conditions.
FORFEITURE OF RECOGNIZANCE
Where a defendant fails to attend court having been granted bail with a surety proceedings are commenced to bring the surety to court to consider forfeiture of all or part of the recognizance.
The court considering such application should have regard to the following principles:
* where the defendant fails to appear the full sum should normally be forfeited
* the full recognizance need not be forfeited if the court is satisfied that the surety has acted with all due diligence and made every effort to secure the attendance of the accused
* the surety's means must be taken into account when deciding whether all or part of the recognizance should be forfeited