Bail Act, 1997

Estreatment of recognisance and forfeiture of moneys paid into court.

9.—(1) Where an accused person who is admitted to bail on his or her entering into a recognisance with or without a surety or sureties conditioned for his or her appearance before a specified court on a specified date and at a specified time and place fails to appear in accordance with his or her recognisance and the court issues a warrant for the arrest of the person, the court shall order the recognisance of the accused person and the recognisance of any surety or sureties to be estreated and shall order the forfeiture of the amount paid into court by the accused person and any surety or sureties.

(2) Where an accused person is admitted to bail by a court on his or her entering into a recognisance with or without a surety or sureties, the court may, on the application of a member of the Garda Síochána and upon information being made in writing and on oath by or on behalf of such member that the accused person has contravened a condition (other than the condition referred to in subsection (1)) of the recognisance, issue a warrant for the arrest of the accused person.

(3) A member of the Garda Síochána may arrest a person pursuant to subsection (2) notwithstanding that he or she does not have the warrant concerned in his or her possession at the time of arrest.

(4) Where a person is arrested pursuant to subsection (3), the member arresting him or her shall, as soon as practicable, produce and serve on the person the warrant concerned.

(5) Where a warrant has been issued under subsection (2), the accused and any surety or sureties shall remain bound by their recognisances and any money paid into court in connection therewith shall not be released before the conclusion of any proceedings under this section.

(6) A person arrested pursuant to this section shall, as soon as practicable, be brought before the court that made the order directing that the recognisance be entered into.

(7) Where a person is brought before a court pursuant to subsection (6) and the court is satisfied that the person has contravened a condition of his or her recognisance, the court shall order the recognisance of the person and of any surety or sureties to be estreated and the moneys paid into court by the accused person and any surety or sureties or any part thereof to be forfeited.

(8) Where a court makes an order under subsection (1) or (7), notice shall be given to the accused person and to any surety or sureties concerned stating that an application may be made to the court within 21 days from the date of the making of the order to vary or discharge the order.

(9) Where an application is made by a person under subsection (8), the person may make representations in relation to the order and having regard to any such representations, the court may, if satisfied that the interests of justice so require, vary or discharge the order.