QLDIn ForceAct
Bail Act 1980
sec.24Apprehension of defendant by surety
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### sec.24 Apprehension of defendant by surety
Where a defendant has been released on bail to appear before a court, a surety for the bail may, at any time before the defendant is required to appear and surrender into custody in accordance with this Act, apprehend the defendant and bring the defendant before the court before which the defendant is required to appear or a justice.
A police officer shall, if required by the surety to do so, assist the surety in the apprehension.
The court or justice may, upon the appearance of the defendant before the court or justice, order that the liability of the surety be discharged and may call upon the defendant to furnish another surety in the same amount and, if the defendant fails to do so, may commit the defendant to prison.
A defendant committed to prison following the defendant’s appearance pursuant to subsection (2) may apply to the court before which the defendant was required to appear or any other court to be granted bail again and the court—
may refuse the application; or
may grant the application and make such order with respect to the number of sureties (if any) and the amount and conditions of bail as it thinks proper in the circumstances.
s 24 amd 1988 No. 105 s 17 ; 1993 No. 34 s 2 sch
(sec.24-ssec.1) Where a defendant has been released on bail to appear before a court, a surety for the bail may, at any time before the defendant is required to appear and surrender into custody in accordance with this Act, apprehend the defendant and bring the defendant before the court before which the defendant is required to appear or a justice.
(sec.24-ssec.1A) A police officer shall, if required by the surety to do so, assist the surety in the apprehension.
(sec.24-ssec.2) The court or justice may, upon the appearance of the defendant before the court or justice, order that the liability of the surety be discharged and may call upon the defendant to furnish another surety in the same amount and, if the defendant fails to do so, may commit the defendant to prison.
(sec.24-ssec.3) A defendant committed to prison following the defendant’s appearance pursuant to subsection (2) may apply to the court before which the defendant was required to appear or any other court to be granted bail again and the court— may refuse the application; or may grant the application and make such order with respect to the number of sureties (if any) and the amount and conditions of bail as it thinks proper in the circumstances.
- (a) may refuse the application; or
- (b) may grant the application and make such order with respect to the number of sureties (if any) and the amount and conditions of bail as it thinks proper in the circumstances.