Description

1. A Magistrate may refuse to accept any surety offered or reject any surety previously accepted by them or their predecessor under this Chapter if the surety is deemed unfit for the purposes of the bond.

   Provided that:

   • Before refusing or rejecting a surety, the Magistrate must either conduct an inquiry on oath into the surety’s fitness or direct a subordinate Magistrate to conduct such an inquiry and submit a report.
   • The Magistrate conducting the inquiry must provide reasonable notice to both the surety and the person who offered the surety and must record the substance of the evidence presented.
   • If, after considering the evidence and any report from a subordinate Magistrate, the Magistrate determines that the surety is unfit, they shall issue an order refusing or rejecting the surety, along with recorded reasons for the decision.

   Provided further that:

   • Before rejecting a previously accepted surety, the Magistrate must issue a summons or warrant, as appropriate, to ensure the person for whom the surety was given appears or is brought before the Court.