254Enforcement of recognisance

254 Enforcement of recognisance (a) a witness or a person sought to be made a witness has entered into a recognisance for this Act; and (b) the court is satisfied that the witness or person sought to be made a witness has failed to comply with a condition of the recognisance; the court may declare the recognisance to be forfeited and may make an order that the witness or person sought to be made a witness pay the whole or a part of the amount in which the witness or person is bound under the recognisance. (a) the court has declared a recognisance to be forfeited under subsection (1); and (b) a person is bound by the recognisance as surety for the performance of that condition; the court may make an order that the person mentioned in paragraph (b) pay the whole or a part of the amount in which the person is bound under the recognisance. (3) An order made under subsection (1) or (2) may be enforced as if it were a judgment entered on a claim by the registrar. Securities in criminal matters Part 3.12 (4) Subject to subsection (5), the court may, on application by a person against whom an order has been made under subsection (1) or (2)— (a) vary the order by reducing the amount payable under the order; or (b) revoke the order and, if the order was made under subsection (1), revoke the declaration that the recognisance is forfeited. (5) If— (a) the court has made an order under subsection (1) or (2); and (b) an enforcement order has been made; and (c) property has been sold under the enforcement order; the court must not make an order under subsection (4). (6) It is not necessary that, for the purpose of hearing an application under subsection (4), the court be constituted by the magistrate who made the order to which the application relates.