Proof of breach of condition of recognisance

(1) Where the Director of Public Prosecutions makes representation to the Registrar that any condition of a recognisance has been broken, the Registrar shall summon the person who is alleged to have committed the breach of the recognisance and his surety or sureties to appear in court before the conclusion of any sitting thereof to show cause why the recognisance should not be estreated, and the Director of Public Prosecutions shall prove the breach of the condition of the recognisance in the same manner as any allegation of fact is proved in a criminal court. (2) The person alleged to be guilty of a breach of a recognisance, and his surety or sureties, shall, if he, or they so desire, be entitled to give evidence in answer to the allegation. (3) The court shall determine whether the person bound by the recognisance has been guilty of a breach thereof, and if in the opinion of the court that person is so guilty, it shall direct that the recognisance be estreated and that the Registrar include the name of that person in the list required to be prepared under sub-section (4). (4) The Registrar shall, before the close of the last day’s sitting of the court on each occasion of its sitting, make out a list of all persons bound by recognisance to appear or to do any other thing, or who have been bound for the appearance of any other person or 110 his doing any other thing, at that sitting of the court and have made default, or whose principal, or other person for whom they are so bound, has made default to appear or to do that other thing at that sitting of the court, and the Registrar shall, if he is able to do so, state the cause why the default has been made. (5) The list so made out shall be examined, and if necessary corrected, and signed by the judge and shall be delivered by the Registrar to the marshal. (6) Subject to sections 165, 166 and 167, a writ of execution shall be issued from the registry against every person so liable on a recognisance in respect of the default, and shall be delivered to the marshal, and that writ shall be the authority of the marshal for levying and recovering the forfeited recognisance on the real and personal property of that person, and for taking his body into custody if sufficient real or personal property is not found whereon levy may be made. (7) A person arrested under sub-section (6) shall be committed to prison and be there kept until the next sitting of the court for the same district, there to abide the decision of the court, unless, in the meantime, the forfeited recognisance, or a sum of money in lieu or satisfaction thereof, is paid, together with all costs and expenses in consequence of his arrest and detention. (8) If any person so arrested and imprisoned gives to the marshal good and sufficient bail for his appearance at the next sitting of the court to abide the decision of the court and for the payment of the forfeited recognisance or of a sum of money in lieu or satisfaction thereof, together with any costs awarded by the court, then the marshal shall cause the person to be discharged out of (9) If the person fails to appear at the next sitting of the court in pursuance of his undertaking in that behalf, the court may order that a writ of execution be issued from the registry against the surety or sureties of the person so bound as aforesaid, and the writ shall be delivered to the marshal, who shall proceed as therein directed. 111 (10) The court may, in its discretion, order the discharge of the whole or any part of the forfeited recognisance, or of the sum of money paid or to be paid in lieu or satisfaction thereof.