Criminal Procedure Act 2011

Miscellaneous and transitional provisions - Conservation of the peace

368: Form of, and entering into, bond

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"Agreeing to a bond: what you need to do and who can help"

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When you enter into a bond under section 367, you must do it in front of a District Court Judge, Justice, Community Magistrate, or Registrar of the District Court. You do not all have to be in the same place at the same time to enter into the bond. The person in charge must give you a notice when you enter into the bond. If the court says you need a surety, but you cannot find one, the court can decide that you do not need a surety after all. The court can make this decision at any time if it thinks you are unable to find a surety.

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Part 8Miscellaneous and transitional provisions
Conservation of the peace

368Form of, and entering into, bond

  1. A bond under section 367 must be entered into by any of the parties to it before a District Court Judge, Justice, Community Magistrate, or Registrar of the District Court.

  2. It is not necessary for all the parties to the bond to be present at the same time or place, and more than 1 copy or form of the bond may be authenticated.

  3. The persons before whom a bond is entered into must give each of the persons entering into it before him or her a notice.

  4. If a surety or sureties are required, the court may at any time, if it is satisfied that the defendant is unable to obtain the surety or sureties, order that the surety or, as the case may be, any or all of the sureties be dispensed with.

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Notes
  • Section 368(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 368(3): amended, on , by section 24 of the Criminal Procedure Amendment Act 2013 (2013 No 25).