§ 107 — Procedure for forfeiture of bond without sureties

107.—(1) This section provides for the forfeiture of the following bonds:(a)

a personal bond without sureties;

(b)

a bond without sureties to keep the peace;

(c)

a bond without sureties for good behaviour.[14/2019]

(2) If it is proved to a court’s satisfaction that —(a)

the released person bound by a bond mentioned in subsection (1)(a) has, without reasonable excuse, failed to comply with any duty imposed on the released person to surrender to custody, to be available for investigations, or to attend court on the day and at the time and place appointed for the released person to do so;

(b)

the person bound by a bond mentioned in subsection (1)(b) has, without reasonable excuse, failed to keep the peace; or

(c)

the person bound by a bond mentioned in subsection (1)(c) has failed to be of good behaviour,

the court —

(d)

must record the basis of such proof;

(e)

must forfeit the bond;

(f)

may summon before the court that relevant person;

(g)

may call upon that relevant person to pay a sum, being the whole or any part of the amount of the bond, or to explain why that sum should not be paid; and

(h)

may order that the sum mentioned in paragraph (g) be paid by instalments.[14/2019]

(3) If the explanation mentioned in subsection (2)(g) is inadequate, and the sum mentioned in subsection (2)(g) is not paid in full, the court may recover the amount unpaid by issuing an order for the attachment of any property, movable or immovable, belonging to the relevant person.[14/2019]

(4) The attachment of any property under subsection (3) may be carried out —(a)

by seizure of such property, which may be sold and the proceeds applied towards the payment of the amount; or

(b)

by appointing a receiver, who may take possession of and sell such property, and apply the proceeds towards the payment of the amount.[14/2019]

(5) If immovable property attached under subsection (3) is sold, the officer under whose direction the attachment and sale was carried out may do any thing or act to transfer the title to the purchaser.[14/2019]

(6) If the sum mentioned in subsection (2)(g) is not paid in full or cannot be fully recovered by such attachment and sale, the court may commit to prison the relevant person for a term not exceeding 12 months.[14/2019]

(7) Any person may, not later than 7 days after the date any property is seized under subsection (4)(a) or taken possession of by the receiver under subsection (4)(b) (as the case may be), make a claim against that property by applying to the court for the property to be excluded from the order of attachment issued under subsection (3), and the court may make such order as it sees fit.[14/2019]

(8) Any unsatisfied part of the sum mentioned in subsection (2)(g) constitutes a judgment debt in favour of the Government, and nothing in this section prevents the Government from recovering it as such.[14/2019]

(9) The court may, on the application of a relevant person at any time after the relevant person is called upon to pay the sum mentioned in subsection (2)(g), reduce that sum and enforce part‑payment only.[14/2019]

(10) In this section, “relevant person” means —(a)

the released person bound by a bond mentioned in subsection (1)(a);

(b)

the person bound by a bond mentioned in subsection (1)(b); or

(c)

the person bound by a bond mentioned in subsection (1)(c).[14/2019]

—(1) This section provides for the forfeiture of the following bonds:(a)

a personal bond without sureties;

(b)

a bond without sureties to keep the peace;

(c)

a bond without sureties for good behaviour.[14/2019]

(2) If it is proved to a court’s satisfaction that —(a)

the released person bound by a bond mentioned in subsection (1)(a) has, without reasonable excuse, failed to comply with any duty imposed on the released person to surrender to custody, to be available for investigations, or to attend court on the day and at the time and place appointed for the released person to do so;

(b)

the person bound by a bond mentioned in subsection (1)(b) has, without reasonable excuse, failed to keep the peace; or

(c)

the person bound by a bond mentioned in subsection (1)(c) has failed to be of good behaviour,

the court —

(d)

must record the basis of such proof;

(e)

must forfeit the bond;

(f)

may summon before the court that relevant person;

(g)

may call upon that relevant person to pay a sum, being the whole or any part of the amount of the bond, or to explain why that sum should not be paid; and

(h)

may order that the sum mentioned in paragraph (g) be paid by instalments.[14/2019]

(3) If the explanation mentioned in subsection (2)(g) is inadequate, and the sum mentioned in subsection (2)(g) is not paid in full, the court may recover the amount unpaid by issuing an order for the attachment of any property, movable or immovable, belonging to the relevant person.[14/2019]

(4) The attachment of any property under subsection (3) may be carried out —(a)

by seizure of such property, which may be sold and the proceeds applied towards the payment of the amount; or

(b)

by appointing a receiver, who may take possession of and sell such property, and apply the proceeds towards the payment of the amount.[14/2019]

(5) If immovable property attached under subsection (3) is sold, the officer under whose direction the attachment and sale was carried out may do any thing or act to transfer the title to the purchaser.[14/2019]

(6) If the sum mentioned in subsection (2)(g) is not paid in full or cannot be fully recovered by such attachment and sale, the court may commit to prison the relevant person for a term not exceeding 12 months.[14/2019]

(7) Any person may, not later than 7 days after the date any property is seized under subsection (4)(a) or taken possession of by the receiver under subsection (4)(b) (as the case may be), make a claim against that property by applying to the court for the property to be excluded from the order of attachment issued under subsection (3), and the court may make such order as it sees fit.[14/2019]

(8) Any unsatisfied part of the sum mentioned in subsection (2)(g) constitutes a judgment debt in favour of the Government, and nothing in this section prevents the Government from recovering it as such.[14/2019]

(9) The court may, on the application of a relevant person at any time after the relevant person is called upon to pay the sum mentioned in subsection (2)(g), reduce that sum and enforce part‑payment only.[14/2019]

(10) In this section, “relevant person” means —(a)

the released person bound by a bond mentioned in subsection (1)(a);

(b)

the person bound by a bond mentioned in subsection (1)(b); or

(c)

the person bound by a bond mentioned in subsection (1)(c).[14/2019]