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Youth Justice Act 2005
134Forfeiture of bail
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134 Forfeiture of bail
(1) If the Court orders forfeiture of a bail undertaking, Part 8 of the
Fines and Penalties (Recovery) Act 2001 applies and payment can
be enforced under that Act unless the Court orders detention or
imprisonment in default under subsection (2).
(2) The Court may order that if the forfeited amount is not paid within
28 days, the youth in respect of whom the order is made must be
detained at a detention centre or imprisoned until his or her liability
to pay the forfeited amount is discharged.
(3) If the Court makes an order under subsection (2) and the forfeited
amount is not paid within 28 days, the Court may issue a warrant of
commitment in respect of the youth specifying the period of
detention or imprisonment calculated on the basis of the amount
forfeited as follows:
(a) the period must be one day for each amount (or part of that
amount) prescribed for the purposes of section 88 of the Fines
and Penalties (Recovery) Act 2001 that comprises the amount
forfeited;
(b) the period must not be less than one day;
(c) the period must not exceed 3 months.
(4) If a youth serves the total period of detention or imprisonment under
a warrant under subsection (3), the forfeiture is taken to be
satisfied.
(5) If a youth serves part of the period of detention or imprisonment
under a warrant under subsection (3), 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.
(6) Unless otherwise ordered by the Court, any period of detention or
imprisonment that the youth has to serve as a result of an order
under subsection (2) must be served:
(a) cumulatively on any incomplete sentence or sentences of
detention or imprisonment imposed on the youth for the
default of a payment of a fine or sum of money; and
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(b) concurrently with any incomplete sentence or sentences of
detention or imprisonment imposed on the youth 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.