Page:Magistrates’ Courts Act 1980.pdf/77

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116.—(1) On complaint being made to a justice of the peace for any area to which this section applies by a surety to a recognizance to keep the peace or to be of good behaviour entered into before a magistrates’ court that the person bound by the recognizance as principal has been, or is about to be, guilty of conduct constituting a breach of the conditions of the recognizance, the justice may, if the complaint alleges that the principal is, or is believed to be, in that area, or if the recognizance was entered into before a magistrates’ court for that area, issue a warrant to arrest the principal and bring him before a magistrates’ court for that area or a summons requiring the principal to appear before such a court; but the justice shall not issue a warrant unless the complaint is in writing and substantiated on oath.

(2) The magistrates’ court before which the principal appears or is brought in pursuance of such a summons or warrant as aforesaid may, unless it adjudges the recognizance to be forfeited, order the recognizance to be discharged and order the principal to enter into a new recognizance, with or without sureties, to keep the peace or to be of good behaviour.

(3) The areas to which this section applies are any county, any London commission area and the City of London. Other provisions

117.—(1) A justice of the peace on issuing a warrant for the arrest of any person may grant him bail by endorsing the warrant for bail, that is to say, by endorsing the warrant with a direction in accordance with subsection (2) below.

(2) A direction for bail endorsed on a warrant under subsection (1) above shall—
 * (a) in the case of bail in criminal proceedings, state that the person arrested is to be released on bail subject to a duty to appear before such magistrates’ court and at such time as may be specified in the endorsement;
 * (b) in the case of bail otherwise than in criminal proceedings, state that the person arrested is to be released on bail on his entering into such a recognizance (with or without sureties) conditioned for his appearance before a magistrates’ court as may be specified in the endorsement;

and the endorsement shall fix the amounts in which any sureties and, in a case falling within paragraph (b) above, that person is or are to be bound.