40Enforcement of bail undertakings etc.

40 Enforcement of bail undertakings etc. (1) Where: (a) an accused person fails to comply with the person's bail undertaking or a bail condition; and (b) the person or another person has entered into an agreement pursuant to a bail condition to forfeit an amount of money; the court before which the accused person was required to appear in accordance with the bail undertaking may order that the amount referred to in paragraph (b) be forfeited and paid to the Territory. (2) If security or an amount of money has been deposited under an agreement entered into as a condition of the grant of bail to an accused person, a court may, when making an order under subsection (1), make a further order that the security or amount of money so deposited be applied in or towards payment of the amount ordered to be forfeited. Bail Act 1982 43 (2A) If a court makes an order under subsection (1), the court may, on application by the person in relation to whom the order is made or of its own motion: (a) reduce the amount of the forfeiture; or (b) confirm, rescind or suspend its order. (3) A court must endorse or cause to be endorsed on the bail undertaking of an accused person particulars of every order made under subsection (1) or (2). (4) Subject to subsection (5), Part 8 of the Fines and Penalties (Recovery) Act 2001 applies to a bail undertaking that is ordered by a court to be forfeited and payment is to be enforced under that Act. (5) If a court orders forfeiture of a bail undertaking, the court may order that if the forfeited amount is not paid within 28 days the accused person is to be imprisoned until his or her liability to pay the forfeited amount is discharged. (6) If a court makes an order under subsection (5) and the forfeited amount is not paid within 28 days, the court may issue a warrant of commitment in respect of the accused person specifying the period of imprisonment calculated on the basis of the amount forfeited as follows: (a) the period is to be one day for each amount (or part of the amount) that is prescribed for section 88 of the Fines and Penalties (Recovery) Act 2001 that comprises the amount forfeited; (b) the period is not to be less than one day; (c) the period is not to exceed 3 months. (7) If the accused person serves the total period of imprisonment under a warrant under subsection (6), the forfeiture is taken to be satisfied. (8) If the accused person serves part of the period of imprisonment under a warrant under subsection (6), the forfeiture is taken to be partially satisfied by the amount calculated at the rate prescribed for the purposes of section 88 of the Fines and Penalties (Recovery) Act 2001 for each day actually served. Bail Act 1982 44 (9) Unless otherwise ordered by the court, any period of imprisonment that the accused person has to serve as a result of an order under subsection (5) is to be served: (a) cumulatively on any incomplete sentence or sentences of imprisonment imposed on the person for the default of a payment of a fine or sum of money; and (b) concurrently with any incomplete sentence or sentences of imprisonment imposed on the person other than for the default of a payment of a fine or sum of money, whether the other sentence was or the other sentences were imposed before or at the same time as that term.