(1)This section provides for the forfeiture of a personal bond without sureties.
Section history
Section 107 — Procedure on forfeiture of personal bond without sureties
As in force on 18 December 2018.
Timeline 6 versions
(2)If it is proved to a court’s satisfaction that the released person bound by the bond has failed, without reasonable excuse, 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, the court —
(a)must record the basis of such proof;
(b)must forfeit the bond;
(c)may summon before the court the released person;
(d)may call upon the released person to pay a sum, being the whole or any part of the amount of the bond, or to explain why the released person should not pay that sum; and
(e)may order that the sum mentioned in paragraph (d) be paid by instalments.
(3)If the explanation is inadequate, and the sum mentioned in subsection (2)(d) 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 released person —
(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.
(4)Any person may, not later than 7 days after the date any property is seized under subsection (3)(a) or taken possession of by the receiver under subsection (3)(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.
(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.
(6)If the sum mentioned in subsection (2)(d) is not paid in full and cannot be fully recovered by such attachment and sale, the court may commit to prison the released person for a term not exceeding 12 months.
(7)Any unsatisfied part of the sum mentioned in subsection (2)(d) constitutes a judgment debt in favour of the Government, and nothing in this section prevents the Government from recovering it as such.
(8)The court may, on the application of the released person at any time after the released person is called upon to pay the sum mentioned in subsection (2)(d), reduce that sum and enforce part-payment only.