128.—(1) Where a surety to a recognizance to keep the peace or to be of good behaviour, or to keep the peace and to be of good behaviour, has reason to suspect that the person bound as principal has been or is about to be guilty of conduct which was or would be a breach of the conditions of the recognizance, he may make a complaint to any justice of the peace having jurisdiction either—
(a)in the place in which the said person resides or is believed by the complainant to be; or
(b)in the petty sessions district in which the recognizance was ordered to be entered into;
and that justice may, either issue a warrant against the said person to bring him before a resident magistrate out of petty sessions, or issue a summons to him to appear before a court of summary jurisdiction.
(2) The resident magistrate before whom the said person is brought under any such warrant or the court of summary jurisdiction before which he appears in answer to any such summons may order him—
(a)to enter into a new recognizance; or
(b)deal with him as if he were a person who had failed to comply with an order to enter into a recognizance;
and may in any case order that the first-mentioned recognizance shall be discharged.
(3) A warrant shall not be issued under this Article unless the complaint is in writing and substantiated on oath.