TASIn ForceAct
Justices Act 1959
93Power to require surety
Start here
Get a plain-English read of 93
Turn the raw legal text into a practical explanation grounded in Justices Act 1959.
### 93 Power to require surety
> > (1) A justice may require surety of a person when he is required to do so by a person who –
> >
> > > > (a) deposes on oath that the person from whom surety is sought will –
> > > >
> > > > > > (i) do him, his wife or child, or a person under his care or charge bodily harm;
> > > > >
> > > > > > (ii) cause him or any of them to be unlawfully imprisoned;
> > > > >
> > > > > > (iii) burn or injure his house; or
> > > > >
> > > > > > (iv) procure another person to do any of those things –
> > > >
> > > > and that he does not require it out of malice or for vexation; and
> > >
> > > > (b) satisfies the justice by the evidence of himself or of others that he has just cause for his fear because the person of whom surety is sought has –
> > > >
> > > > > > (i) threatened so to do; or
> > > > >
> > > > > > (ii) lain in wait for that purpose.
>
> > (2) A justice may require surety of a person when he is –
> >
> > > > (a) required so to do by any person who gives him satisfactory evidence on oath that the person from whom surety is sought has –
> > > >
> > > > > > (i) used provoking or insulting language;
> > > > >
> > > > > > (ii) exhibited an offensive writing or object; or
> > > > >
> > > > > > (iii) done an offensive act to or in the presence of the party complaining, for the purpose of annoyance and provocation, or publicly and to the common annoyance of the Sovereign's subjects; and
> > >
> > > > (b) of opinion that such conduct is likely to be repeated and may tend to provoke a breach of the peace.
>
> > (3) A justice may require surety of a person when he is –
> >
> > > > (a) satisfied by evidence that the person from whom surety is sought has threatened to do, or to procure some other person to do, any act which would –
> > > >
> > > > > > (i) if done, be punishable as an offence; and
> > > > >
> > > > > > (ii) be calculated to cause serious injury to the complainant, or any person in his care or charge, or to any property of the complainant or such person; and
> > >
> > > > (b) of opinion that there is just cause for fear that the person so threatening will, if not prevented, carry his threat into execution.
>
> > (4) A justice may require surety of a person when he is satisfied by evidence that the person from whom surety is sought –
> >
> > > > (a) has either by word of mouth or letter, challenged another person to fight;
> > >
> > > > (b) has knowingly been the messenger of any such challenge from another;
> > >
> > > > (c) has accepted or intends to accept any such challenge; or
> > >
> > > > (d) intends to fight or to be present aiding or abetting at any such fight or breach of the peace.
>
> > (5) A justice may require surety of a person where that person has by word or writing, incited or attempted to incite another person to take part in a riot, or to commit any other breach of the peace.
>
> > (6) Where a justice is by this section empowered to require surety of a person, he may call on him to enter into recognizance to the Sovereign with or without sureties, as he thinks fit, for keeping the peace.