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Payment of moneys into court, etc.
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5.—(1) Where a court admits a person who is in custody to bail the person shall not be released until—
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(a) an amount equal to one third, or
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(b) such greater amount as the court may determine,
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of any recognisance entered into by a person in connection therewith has been paid into court by the person.
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(2) (a) Where a court admits a person to bail, the court may, in lieu of the payment of moneys into court by the person or, where a surety or sureties are required by the court, by his or her surety or sureties, accept as security such instrument which is evidence of the title of a person to property (other than land or any estate, right or interest in or over land) as it considers adequate.
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(b) Where a bank, building society, credit union or post office deposit book is accepted as security by a court by virtue of paragraph (a), the court shall make an order directing the bank, building society or credit union concerned or An Post, as the case may be, not to permit the moneys on deposit to be reduced below—
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(i) an amount equal to the amount required to be paid into court, or
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(ii) the amount then on deposit,
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whichever is the lesser.
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(3) Where a person charged with an offence is admitted to bail by a court and—
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(a) he or she is discharged in relation to that offence pursuant to section 8 (5) of the Act of 1967 or otherwise,
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(b) a nolle prosequi is entered by the prosecutor in respect of the offence, or
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(c) he or she is convicted or found not guilty of the offence charged or of some other offence of which the accused might on that charge be found guilty,
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and if the conditions of any recognisance entered into by a person in connection therewith have been duly complied with, the court before which the accused person was bound by his or her recognisance to appear shall make an order that the amount of any recognisance paid into court by any person in connection therewith shall be repaid to the person and shall discharge any order made under subsection (2) and release any security accepted by the court under that subsection.
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