Section 116 Discharge of recognizance to keep the peace or be of good behaviour on complaint of surety.

England and Wales

(1)

On complaint being made to a justice of the peace F1. . . by a surety to a recognizance to keep the peace or to be of good behaviour entered into before a magistrates’ court that the person bound by the recognizance as principal has been, or is about to be, guilty of conduct constituting a breach of the conditions of the recognizance, the justice mayF2. . . issue a warrant to arrest the principal and bring him before a magistrates’ court F3. . . or a summons requiring the principal to appear before such a court; but the justice shall not issue a warrant unless the complaint is in writing and substantiated on oath.

(2)

The magistrates’ court before which the principal appears or is brought in pursuance of such a summons or warrant as aforesaid may, unless it adjudges the recognizance to be forfeited, order the recognizance to be discharged and order the principal to enter into a new recognizance, with or without sureties, to keep the peace or to be of good behaviour.

(3)

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Words in s. 116(1) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 236(2), Sch.10; S.I. 2005/910 ,{art. 3(y)(aa)}
F2: Words in s. 116(1) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 236(2), Sch.10; S.I. 2005/910, art. 3(y)(aa)
F3: Words in s. 116(1) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 236(2), Sch.10; S.I. 2005/910, art. 3(y)(aa)
F4: S. 116(3) repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 236(3), Sch.10; S.I. 2005/910, art. 3(y)(aa)