Victorian Consolidated Legislation

Bail Act 1977 - SECT 23

Surety may apply for discharge

23. Surety may apply for discharge



(1) Any of the sureties for the appearance of a defendant released on bail may
at any time apply to the court to which the defendant would be required to
surrender himself under the conditions of the bail to discharge the applicant
from his liability with respect to the undertaking.

(2) On an application being made under subsection (1) the court shall issue a
warrant for apprehending the defendant and bringing him before the court.

(3) On the appearance of the defendant before the court the court may direct
the applicant to be discharged from his liability with respect to the
undertaking.

(4) If the court discharges a surety from his liability with respect to an
undertaking of bail the court shall require the defendant to find another
surety or other security for his appearance and may commit him to prison until
a further surety or security is provided.