58FCOrdering forfeiture

58FC Ordering forfeiture

(1) The Court must order the forfeiture of all specified security provided by a particular person for the accused’s bail if the Court is satisfied that the accused failed to appear before the Court in accordance with the accused’s bail undertaking.

Note 1: For the forfeiture of security provided by more than one person, separate forfeiture orders will be required.

Note 2: A forfeiture order may be appealed (see subsection 30AA(3)).

(2) However, the Court may decide to not make a forfeiture order, or to reduce the amount of security to be forfeited, if the Court is satisfied that: (a) the accused had a reasonable excuse for failing to appear; or (b) it is in the interests of justice to do so. (3) In deciding whether to make a forfeiture order, the Court must consider any objection: (a) filed by a person who the Court is satisfied either provided security for the accused’s bail or has an interest in such security; and (b) filed before the end of the 28th day after: (i) if the person was given a notice under subsection 58FB(2)—the day of being given the notice; or (ii) otherwise—the first day on which a notice was given to a person under subsection 58FB(2); and (c) containing the particulars set out in the Rules of Court. The Court may also invite the person to make submissions.