Part 8Miscellaneous and transitional provisions
Conservation of the peace
370Refusal to enter into bond
If a defendant refuses to enter into a bond for keeping the peace when ordered or fails to obtain a surety or sureties as required by the order, the court may order that he or she be committed to a prison for any period not exceeding 2 months.
Despite subsection (1), a defendant who has failed to obtain the required surety or sureties must not be ordered to be committed to a prison if the defendant satisfies the court that he or she has taken reasonable steps to obtain them.
A defendant who has been committed to a prison must be immediately released if he or she enters into the bond, or obtains the required surety or sureties, or before the expiry of the period of his or her detention satisfies the District Court presided over by a District Court Judge that he or she has taken reasonable steps to obtain the surety or sureties.
Compare
- 1957 No 87 s 189
Notes
- Section 370(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).