Magistrates’ Courts Act 1980

120 Forfeiture of recognizance. E+W

(1) Where a recognizance to keep the peace or to be of good behaviour has been entered into before a magistrates’ court or any recognizance is conditioned for the appearance of a person before a magistrates’ court or for his doing any other thing connected with a proceeding before a magistrates’ court, and the recognizance appears to the court to be forfeited, the court may, subject to subsection (2) below, declare the recognizance to be forfeited and adjudge the persons bound thereby, whether as principal or sureties, or any of them, to pay the sum in which they are respectively bound.

(2) Where a recognizance is conditioned to keep the peace or to be of good behaviour, the court shall not declare it forfeited except by order made on complaint.

(3) The court which declares the recognizance to be forfeited may, instead of adjudging any person to pay the whole sum in which he is bound, adjudge him to pay part only of the sum or remit the sum.

(4) Payment of any sum adjudged to be paid under this section, including any costs awarded against the defendant, may be enforced, and any such sum shall be applied, as if it were a fine and as if the adjudication were a summary conviction of an offence not punishable with imprisonment and so much of section 85(1) above as empowers a court to remit fines shall not apply to the sum but so much thereof as relates to remission after a term of imprisonment has been imposed shall so apply; but at any time before the issue of a warrant of commitment to enforce payment of the sum, or before the sale of goods under a warrant of distress to satisfy the sum, the court may remit the whole or any part of the sum either absolutely or on such conditions as the court thinks just.

(5) A recognizance such as is mentioned in this section shall not be enforced otherwise than in accordance with this section, and accordingly shall not be transmitted to the Crown Court nor shall its forfeiture be certified to that Court.

Modifications etc. (not altering text)

C1 S. 120 extended (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 58(3), 101(1), Sch. 12 para. 14; S.I. 1992/333, art. 2(2), Sch.2