MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 138 Provision where person committed for trial on bail about to abscond.

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MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 138

Provision where person committed for trial on bail about to abscond.

138.(1) Without prejudice to section 152, where the condition of a
recognizance is to appear at [the Crown Court] or county court the
recognizance shall be liable upon breach of that condition to be estreated by
that court; otherwise recognizances entered into before, or in connection
with, proceedings pending in or before a magistrates' court may, without
prejudice to any other mode of enforcement, be enforced by a
court of summary jurisdiction.

(2) Where the condition of a recognizance is to keep the peace or to be of
good behaviour or to keep the peace and to be of good behaviour or to appear
before a magistrates' court or at a constabulary station or where any other
recognizance may be enforced by a court of summary jurisdiction, a
court of summary jurisdiction may, subject to subsection (3), upon proof in
open court of non-performance of the condition of the recognizance, order the
estreat of the recognizance to such amount as it sees fit [or remit payment of
the amount due under the recognizance.]

(3) A court of summary jurisdiction shall not order the estreat of a
recognizance unless either

(a)proof is given on oath that notice in writing (stating the general grounds
upon which the application to estreat the recognizance is made) was served
personally on, or left at the usual place of abode of, the party (or each of
the parties if more than one) against whom it is sought to put such
recognizance in force, at least seven days before the application is made; or

(b)where a party entering into a recognizance resides outside Northern
Ireland, such a notice as is referred to in paragraph (a) is served upon the
party within the time specified by that paragraph, by the recorded delivery
service or by registered post in accordance with section 24(1) of the
Interpretation Act (Northern Ireland) 1954 or, if neither of those methods is
available, by ordinary post and proof of such posting shall be deemed to be
proof of the service of such notice.

(4) Upon ordering the estreat of a recognizance the court may issue a warrant
to levy the amount forfeited by distress and sale of the property of any
person bound by the recognizance and in default of distress to commit such
person to prison as if for default in the payment of a sum adjudged to be paid
by a conviction and accordingly the period for which such person may be
committed shall not exceed that specified in Schedule 4.

(5) Nothing in this section shall prejudice the power of a magistrates' court
to issue a warrant for the arrest of a person who, in breach of his
recognizance, has failed to appear before the court.

General power to order sureties to any recognizance.

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Northern Irish Legislation

MAGISTRATES' COURTS ACT (NORTHERN IRELAND) 1964 - SECT 138