171.This section allows for the forfeiture of a security where a bailed person has broken a mandatory condition of bail. A court can order either the value of the security, or a specified part of it, to be forfeited unless it appears that the bailed person has reasonable cause for breaking the mandatory condition of bail. Under subsection (5), an application may be made to the court by, or on behalf of the person who gave the security that the bailed person did have reasonable cause for breaking the mandatory bail condition. Such an application may be made before or after the order for forfeiture has taken effect but may not be considered by the court unless it is satisfied that the Secretary of State was given reasonable notice of the applicant’s intention to make the application (subsection (7)).
Schedule 1: Detention and sale of transporters Part III: Bail Section 49: Forfeiture of securities