Rule 39.10 Forfeiture of a recognizance given as a condition of bailI1

England and Wales

(1)

This rule applies where—

(a)

the court grants a party bail pending appeal or retrial; and

(b)

the bail is subject to a condition that that party provides a surety to guarantee that he will surrender to custody as required; but

(c)

that party does not surrender to custody as required.

(2)

The Registrar must serve notice on—

(a)

the surety; and

(b)

the prosecutor,

of the hearing at which the court may order the forfeiture of the recognizance given by that surety.

(3)

The court must not forfeit a surety’s recognizance—

(a)

less than 5 business days after the Registrar serves notice under paragraph (2); and

(b)

without giving the surety an opportunity to make representations at a hearing.

[Note. If the purpose for which a recognizance is entered is not fulfilled, that recognizance may be forfeited by the court. If the court forfeits a surety’s recognizance, the sum promised by that person is then payable to the Crown.]

Annotations

Commencement

I1: Rule 39.10 in force at 6.10.2025, see Preamble