3. The Schedule to the Criminal Procedure Rules 2018 is amended —| (a) | by inserting, immediately after Form 23, the following Form: | | | SUMMONS TO ACCUSED PERSON ON
BREACH OF PERSONAL BOND
(SECTIONS 107 AND 107A) |
| | | To: Name and address of accused. |
| | | Whereas on the day of 20 you entered into a bond to surrender to the custody of the Court [or police] [or make yourself available for investigations by the police] [or attend Court] on (date) at (time), and bound yourself in default thereof to forfeit the amount of dollars to the Government; and whereas on (date) at (time) you have failed, without reasonable excuse, to comply with that duty, and the bond is forfeited [as far as it relates to you] by such default: |
| | | You are hereby called upon to pay the said amount of dollars, or to appear before this Court on (date) at (time) to explain why payment of the whole or any part of said amount should not be enforced against you. |
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| | (b) | by deleting Form 27 and substituting the following Forms: | | | WARRANT OF COMMITMENT OF
ACCUSED PERSON TO ENFORCE PERSONAL BOND
(SECTIONS 107 AND 107A) |
| | | To: The Commissioner of Prisons. |
| | | Whereas (name and address of accused) has failed, without reasonable excuse, to surrender to the custody of the Court [or police] [or make himself/herself available for investigations by the police] [or attend Court] on (date) at (time), pursuant to a bond executed by him/her, and the bond has been forfeited, as far as it relates to him/her, by such default; and whereas (name of accused) has failed, when called upon by the Court, to explain adequately why the bond, as far as it relates to him/her, should not be forfeited; and whereas (name of accused) has forfeited to the Government the amount of dollars (the whole or part of the amount of the bond that the Court has ordered to be forfeited, as far as it relates to the accused) and has failed to pay in full that amount [or the amount of dollars (the unpaid amount) cannot be recovered by attachment and sale of his/her property], and an order has been made for his/her imprisonment in the (state the prison) for the period of (term of imprisonment): |
| | | This is to authorise and require you, the said officer, to receive the said (name of accused) into your custody with this warrant, and to keep him/her safely in the said prison for the said period, and to return this warrant with an endorsement certifying the manner of its execution. |
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| | | WARRANT OF COMMITMENT OF SURETY OF
ACCUSED PERSON ADMITTED TO BAIL
(SECTION 107A) |
| | | To: The Commissioner of Prisons. |
| | | Whereas (name and address of accused) has failed, without reasonable excuse, to surrender to the custody of the Court [or police] [or make himself/herself available for investigations by the police] [or attend Court] on (date) at (time), pursuant to a bond executed by him/her with (name of surety) as surety, and the bond has been forfeited, as far as it relates to (name of accused), by such default; and whereas (name of surety) has failed, when called upon by the Court, to explain adequately why the bond, as far as it relates to him/her, should not be forfeited, and the Court is satisfied that he/she is in breach of his/her duty to (state applicable duty in section 104); and whereas (name of surety) has forfeited to the Government the amount of dollars (the whole or part of the amount of the bond that the Court has ordered to be forfeited, as far as it relates to the surety) and has failed to pay in full that amount [or the amount of dollars (the unpaid amount) cannot be recovered by attachment and sale of his/her property], and an order has been made for his/her imprisonment in the (state the prison) for the period of (term of imprisonment): |
| | | This is to authorise and require you, the said officer, to receive the said (name of surety) into your custody with this warrant, and to keep him/her safely in the said prison for the said period, and to return this warrant with an endorsement certifying the manner of its execution. |
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| | (c) | by deleting the words “RULES 7 AND 8” in the headings of Forms 28 and 30 and substituting in each case the words “SECTIONS 107 AND 107A”; | | (d) | by deleting the words “RULE 8” in the headings of Forms 29 and 31 and substituting in each case the words “SECTION 107A”; | | (e) | by inserting, immediately after Form 31, the following Forms: | | | WARRANT OF COMMITMENT OF PRINCIPAL
TO ENFORCE BOND TO KEEP THE PEACE
(SECTIONS 107 AND 107A) |
| | | To: The Commissioner of Prisons. |
| | | Whereas (name and address of principal) has failed, without reasonable excuse, to keep the peace pursuant to a bond executed by him/her, and the bond has been forfeited, as far as it relates to him/her, by such default; and whereas (name of principal) has failed, when called upon by the Court, to explain adequately why the bond, as far as it relates to him/her, should not be forfeited; and whereas (name of principal) has forfeited to the Government the amount of dollars (the whole or part of the amount of the bond that the Court has ordered to be forfeited, as far as it relates to the principal) and has failed to pay in full that amount [or the amount of dollars (the unpaid amount) cannot be recovered by attachment and sale of his/her property], and an order has been made for his/her imprisonment in the (state the prison) for the period of (term of imprisonment): |
| | | This is to authorise and require you, the said officer, to receive the said (name of principal) into your custody with this warrant, and to keep him/her safely in the said prison for the said period, and to return this warrant with an endorsement certifying the manner of its execution. |
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| | | WARRANT OF COMMITMENT OF SURETY
TO ENFORCE BOND TO KEEP THE PEACE
(SECTION 107A) |
| | | To: The Commissioner of Prisons. |
| | | Whereas (name and address of principal) has failed, without reasonable excuse, to keep the peace pursuant to a bond executed by him/her with (name of surety) as surety, and the bond has been forfeited, as far as it relates to (name of principal), by such default; and whereas (name of surety) has failed, when called upon by the Court, to explain adequately why the bond, as far as it relates to him/her, should not be forfeited, and the Court is satisfied that he/she has failed, without reasonable excuse, to ensure that (name of principal) keeps the peace; and whereas (name of surety) has forfeited to the Government the amount of dollars (the whole or part of the amount of the bond that the Court has ordered to be forfeited, as far as it relates to the surety) and has failed to pay in full that amount [or the amount of dollars (the unpaid amount) cannot be recovered by attachment and sale of his/her property], and an order has been made for his/her imprisonment in the (state the prison) for the period of (term of imprisonment): |
| | | This is to authorise and require you, the said officer, to receive the said (name of surety) into your custody with this warrant, and to keep him/her safely in the said prison for the said period, and to return this warrant with an endorsement certifying the manner of its execution. |
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| | (f) | by deleting the words “RULES 9 AND 10” in the headings of Forms 32 and 34 and substituting in each case the words “SECTIONS 107 AND 107A”; | | (g) | by deleting the words “RULE 10” in the headings of Forms 33 and 35 and substituting in each case the words “SECTION 107A”; and | | (h) | by inserting, immediately after Form 35, the following Forms: | | | WARRANT OF COMMITMENT OF PRINCIPAL
TO ENFORCE BOND FOR GOOD BEHAVIOUR
(SECTIONS 107 AND 107A) |
| | | To: The Commissioner of Prisons. |
| | | Whereas (name and address of principal) has failed to be of good behaviour pursuant to a bond executed by him/her, and the bond has been forfeited, as far as it relates to (name of principal), by such default; and whereas (name of principal) has failed, when called upon by the Court, to explain adequately why the bond, as far as it relates to him/her, should not be forfeited; and whereas (name of principal) has forfeited to the Government the amount of dollars (the whole or part of the amount of the bond that the Court has ordered to be forfeited, as far as it relates to the principal) and has failed to pay in full that amount [or the amount of dollars (the unpaid amount) cannot be recovered by attachment and sale of his/her property], and an order has been made for his/her imprisonment in the (state the prison) for the period of (term of imprisonment): |
| | | This is to authorise and require you, the said officer, to receive the said (name of principal) into your custody with this warrant, and to keep him/her safely in the said prison for the said period, and to return this warrant with an endorsement certifying the manner of its execution. |
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| | | WARRANT OF COMMITMENT OF SURETY
TO ENFORCE BOND FOR GOOD BEHAVIOUR
(SECTION 107A) |
| | | To: The Commissioner of Prisons. |
| | | Whereas (name and address of principal) has failed to be of good behaviour pursuant to a bond executed by him/her with (name of surety) as surety, and the bond has been forfeited, as far as it relates to (name of principal), by such default; and whereas (name of surety) has failed, when called upon by the Court, to explain adequately why the bond, as far as it relates to him/her, should not be forfeited, and the Court is satisfied that he/she has failed, without reasonable excuse, to ensure that (name of principal) is of good behaviour; and whereas (name of surety) has forfeited to the Government the amount of dollars (the whole or part of the amount of the bond that the Court has ordered to be forfeited, as far as it relates to the surety) and has failed to pay in full that amount [or the amount of dollars (the unpaid amount) cannot be recovered by attachment and sale of his/her property], and an order has been made for his/her imprisonment in the (state the prison) for the period of (term of imprisonment): |
| | | This is to authorise and require you, the said officer, to receive the said (name of surety) into your custody with this warrant, and to keep him/her safely in the said prison for the said period, and to return this warrant with an endorsement certifying the manner of its execution. |
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