Criminal Justice Act 1984

Failure to surrender to bail.

13

13. (1) If a person who has been released on bail in criminal proceedings fails to appear before a court in accordance with his recognisance, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F44 [ 5,000 ] or to imprisonment for a term not exceeding twelve months or to both.

(2) It shall be a defence in any proceedings for an offence under subsection (1) for the accused to show that the he had a reasonable excuse for not so appearing.

(3) For the purpose of section 11 an offence under this section shall be treated as an offence committed while on bail.

(4) Where a person has failed to appear before a court in answer to his bail and the court has directed that a warrant be issued for the arrest of that person by reason of his failure to answer his bail, a member of the Garda Síochána may arrest such a person notwithstanding that he does not have the warrant in his possession at the time of the arrest.

(5) Where a person is arrested pursuant to subsection (4) the member arresting him shall as soon as practicable produce and serve on the said person the said warrant.

F45 [ (6) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this section may be instituted within 12 months from the date on which the offence was committed. ]

Annotations

Amendments:

F44

Substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 23(a), S.I. No. 236 of 2007.

F45

Inserted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 23(b), S.I. No. 236 of 2007.