Rule 85 Sureties for bailF1

(1)

This rule applies where the court remands a person on bail under section 128(1)(c) of the Act of 1980 by taking a recognisance with sureties.

(2)

Unless the court otherwise directs—

(a)

the recognizance must specify—

(i)

the amount that the surety will be required to pay if the purpose for which the recognizance is entered is not fulfilled, and

(ii)

the date upon which the recognizance will expire;

(b)

the surety must enter into the recognizance in the presence of—

(i)

the designated officer,

(ii)

the defendant’s custodian, where the defendant is in custody, or

(iii)

someone acting with the authority of either; and

(c)

the person before whom the surety enters into the recognizance must at once serve a copy on—

(i)

the surety, and

(ii)

as appropriate, the designated officer and the defendant’s custodian.

(3)

The custodian must release the defendant when each requirement ordered by the court has been met.

Annotations

F1: Rules 84-86 (previously omitted by virtue of S.I. 2021/626, rule 2(12)(l)) inserted (8.4.2024) by The Magistrates’ Courts (Amendment) Rules 2024 (S.I. 2024/254), rules 1(2), 2(12)