sec.23Application to court by surety for discharge

### sec.23 Application to court by surety for discharge A surety for the appearance of a defendant who has been released on bail may make application to the court before which the defendant is required to appear in accordance with his or her undertaking or the court that granted bail at any time before a condition of the undertaking is broken, or the defendant is arrested by a police officer under the Police Powers and Responsibilities Act 2000 , section 367 , for the discharge of the surety from liability with respect to the undertaking. The court may make such orders as it thinks fit including an order that the surety be discharged from liability with respect to the undertaking. The court, where it discharges a surety in accordance with subsection (2) , may issue a warrant for the apprehension of the defendant directing that the defendant be committed to prison and that the chief executive (corrective services) keep the defendant until such time as— a further surety or other security is furnished; or the defendant is bound by a condition of the undertaking to appear before the court specified in the undertaking, in which case the chief executive (corrective services) shall cause the defendant to so appear in accordance with that condition. s 23 amd 1988 No. 105 s 16 ; 2000 No. 5 s 461 sch 3 (amd 2000 No. 22 s 3 sch amdt 46); 2000 No. 63 s 276 sch 2 ; 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2006 No. 29 s 518 sch 3 (sec.23-ssec.1) A surety for the appearance of a defendant who has been released on bail may make application to the court before which the defendant is required to appear in accordance with his or her undertaking or the court that granted bail at any time before a condition of the undertaking is broken, or the defendant is arrested by a police officer under the Police Powers and Responsibilities Act 2000 , section 367 , for the discharge of the surety from liability with respect to the undertaking. (sec.23-ssec.2) The court may make such orders as it thinks fit including an order that the surety be discharged from liability with respect to the undertaking. (sec.23-ssec.3) The court, where it discharges a surety in accordance with subsection (2) , may issue a warrant for the apprehension of the defendant directing that the defendant be committed to prison and that the chief executive (corrective services) keep the defendant until such time as— a further surety or other security is furnished; or the defendant is bound by a condition of the undertaking to appear before the court specified in the undertaking, in which case the chief executive (corrective services) shall cause the defendant to so appear in accordance with that condition. - (a) a further surety or other security is furnished; or - (b) the defendant is bound by a condition of the undertaking to appear before the court specified in the undertaking, in which case the chief executive (corrective services) shall cause the defendant to so appear in accordance with that condition.