Northern Territory Consolidated Acts

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JUSTICES ACT - SECT 33

Recognisances taken out of Court

    (1)     A recognisance need not be entered into before a Justice but may be entered into before any clerk or before an inspector of police or other officer of police of equal or superior rank or any member of the police force in charge of any police station, or where any of the parties is in gaol before the keeper of the gaol: Provided that no Justice, and no clerk, officer of police, member of the police force or keeper of a gaol shall take the recognisance of any person proposed as a surety unless the person so proposed first makes an affidavit or declaration of justification in the prescribed form.

    (2)     Where, as a condition of the release of any person, he is required to enter into a recognisance with sureties, the recognisance of the sureties may be taken separately, and either before or after the recognisance of the defendant; and, if so taken, the recognisances of the principal and sureties shall be as binding as if they had been taken together and at the same time.



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