# The Criminal Procedure Rules 2025, Rule 39.10: Forfeiture of a recognizance given as a condition of bail

Extent: E+W

(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.]

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Source: https://www.legislation.gov.uk/uksi/2025/909/rule/39.10 (the official version)
Page: https://openlegislation.uk/criminal-procedure-rules-2025/rule-39.10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.