56
SCH, 2
1949 c. 101.
1954 c. 9. (N.I.).
c. 77
Immigration Act 1971
the appellant enters into a proper recognizance, with sufficient and satisfactory sureties if required, or in Scotland sufficient and satisfac- tory bail is found if so required; and an adjudicator and the Tribunal shall not be obliged to release an appellant if it appears to the adjudicator or the Tribunal, as the case may be--
(a) that the appellant, having on any previous occasion been released on bail (whether under paragraph 24 or under any other provision), has failed to comply with the conditions of any recognizance or bail bond entered into by him on that occasion;
(b) that the appellant is likely to commit an offence unless he
is retained in detention;
(c) that the release of the appellant is likely to cause danger
to public health;
(d) that the appellant is suffering from mental disorder and that his continued detention is necessary in his own interests or for the protection of any other person; or
(e) that the appellant is under the age of seventeen, that arrange- ments ought to be made for his care in the event of his release and that no satisfactory arrangements for that pur- pose have been made.
Forfeiture of recognizances
31.-(1) Where under paragraph 29 above (as it applies in England and Wales or in Northern Ireland) a recognizance is entered into con- ditioned for the appearance of an appellant before an adjudicator or the Tribunal, and it appears to the adjudicator or the Tribunal, as the case may be, to be forfeited, the adjudicator or Tribunal may by order declare it to be forfeited and adjudge the persons bound thereby, whether as principal or sureties, or any of them, to pay the sum in which they are respectively bound or such part of it, if any, as the adjudicator or Tribunal thinks fit.
(2) An order under this paragraph shall, for the purposes of this sub-paragraph, specify a magistrates' court or, in Northern Ireland, court of summary jurisdiction; and the recognizance shall be treated for the purposes of collection, enforcement and remission of the sum forfeited as having been forfeited by the court so specified.
(3) Where an adjudicator or the Tribunal makes an order under this paragraph the adjudicator or Tribunal shall, as soon as prac ticable, give particulars of the recognizance to the clerk of the court specified in the order in pursuance of sub-paragraph (2) above.
(4) Any sum the payment of which is enforceable by a magistrates' court in England or Wales by virtue of this paragraph shall be treated for the purposes of the Justices of the Peace Act 1949 and, in particu- lar, section 27 thereof as being due under a recognizance forfeited by such a court and as being Exchequer moneys.
(5) Any sum the payment of which is enforceable by virtue of this paragraph by a court of summary jurisdiction in Northern Ireland shall, for the purposes of section 20(5) of the Administration of Justice Act (Northern Ireland) 1954, be treated as recognizance.
a forfeited
Immigration Act 1971
c. 777
57
32. Where under paragraph 29 above (as it applies in Scotland) a person released on bail fails to comply with the terms of a bail bond conditioned for his appearance before an adjudicator or the Tribunal, the adjudicator or Tribunal may declare the bail to be forfeited, and any bail so forfeited shall be transmitted by the adjudicator or the Tribunal to the sheriff court having jurisdiction in the area where the proceedings took place, and shall be treated as having been for- feited by that court.
Arrest of appellants released on bail
33.-(1) An immigration officer or constable may arrest without warrant a person who has been released by virtue of this Part of this Schedule-
(a) if he has reasonable grounds for believing that that person is likely to break the condition of his recognizance or bail bond that he will appear at the time and place required or to break any other condition of it, or has reasonable ground to suspect that that person is breaking or has broken any such other condition; or
(b) if, a recognizance with sureties having been taken, he is notified in writing by any surety of the surety's belief that that person is likely to break the first-mentioned condition, and of the surety's wish for that reason to be relieved of his obligations as a surety;
and paragraph 17(2) above shall apply for the arrest of a person under this paragraph as it applies for the arrest of a person under paragraph 17.
(2) A person arrested under this paragraph-
(a) if not required by a condition on which he was released to appear before an adjudicator or Tribunal within twenty- four hours after the time of his arrest, shall as soon as practicable be brought before an adjudicator or, if that is not practicable within those twenty-four hours, before a justice of the peace acting for the petty sessions area in which he is arrested or, in Scotland, the sheriff; and
(b) if required by such a condition to appear within those twenty-four hours before an adjudicator or before the Tribunal, shall be brought before that adjudicator or before the Tribunal, as the case may be.
(3) An adjudicator, justice of the peace or sheriff before whom a person is brought by virtue of sub-paragraph (2)(a) above-
(a) if of the opinion that that person has broken or is likely to break any condition on which he was released, may either-
(i) direct that he be detained under the authority of
the person by whom he was arrested; or
(ii) release him on his original recognizance or on a new recognizance, with or without sureties, or, in Scotland, on his original bail or on new bail; and
(b) if not of that opinion, shall release him on his original
recognizance or bail.
SCH. 2