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Section history

Section 105 — Surety may apply to have bond discharged

As in force on 31 December 2021.

Timeline 3 versions
  1. 2 January 2011 Enacted
  2. 31 December 2021 Revised edition
  3. 17 August 2026 Latest
Revised edition in force 31 December 2021

The text below is this provision as reproduced in the Revised Edition that came into force on this date. A revised edition consolidates the law without changing its substance, so editorial amendments — such as renumbering, updated citations and formatting — may have been made but are not shown as a redline.

105.Surety may apply to have bond discharged

(1)A surety may at any time apply to the court to discharge the bond as far as it relates to him or her.

(2)On receiving such an application, the court may issue an arrest warrant directing that the released person be produced before it.

(3)When the released person appears in court under the warrant or voluntarily, the court must direct that the bond be discharged wholly or so far as it relates to the applicant and must call on the released person to provide other sufficient sureties.

(4)A surety may arrest the person for whom he or she stood surety and immediately bring the person before a court, and the court must then discharge the surety’s bond and call on the released person to provide other sufficient sureties.

(5)If a released person fails to provide other sufficient sureties when called on to do so under subsection (3) or (4), the court must commit him or her to custody.