CAP. 221]
[r. 26 cont.]
Provisions for sureties discharging their obligations.
How appellant on bail to be dealt with Criminal Procedure.
(10) Where the surety or sureties, for an appellant under the Ordinance, upon whose recognizances such appellant has been released on bail by the Full Court, suspect that the said appellant is about to depart out of the Colony or in any manner to fail to observe the conditions of his recognizances on which he was so released, such surety or sureties may lay an information before a magistrate, in Form XVI in the Schedule and such magistrate shall thereupon issue a warrant in Form XVII in the Schedule for the apprehension of the said appellant.
(11) The said appellant shall on being apprehended under the said warrant be brought before a magistrate. The said magistrate shall, on verification of the said information by oath of the informant, by warrant of commitment in Form XVIII in the Schedule commit him to prison.
On arrest at instance of sureties.
Arrest and commitment of appellant to be notified to Registrar by magistrate.
Power to revoke order for bail.
Commissioner of Prisons on commitment of appellant to notify Registrar.
Sureties' rights at common law preserved.
Estreat of recognizances.
(12) The magistrate, on the commitment of any such appellant, shall forthwith notify the Registrar to that effect and shall forward to the Registrar the said information and the deposition in verification thereof taken before him together with a copy of the said warrant of commitment.
(13) At any time after an appellant has been released on bail under the Ordinance a judge may, if satisfied that it is in the interests of justice so to do, revoke the order admitting him to bail and issue a warrant in Form XIX in the Schedule for his apprehension and order him to be committed to prison.
(14) When an appellant has been released on bail and has, under a warrant under these rules or by his surety or sureties, been apprehended and is in prison, the Commissioner of Prisons shall forthwith notify the Registrar who shall take steps to inform a judge thereof who may give to the Registrar such directions as to the appeal or otherwise as he shall think right.
(15) Nothing in these rules shall affect the lawful right of a surety to apprehend and surrender into custody the person for whose appearance he has become bound, and thereby to discharge himself of his suretyship.
(16) The Full Court may on any breach of the recognizances of the appellant, if it thinks right so to do, order such recognizances and those of his surety or sureties to be estreated.
-
26