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39.10.—(1) This rule applies where—
(a)the court grants a party bail pending appeal or retrial; and
(b)the bail is subject to a condition that that party provides a surety to guarantee that he will surrender to custody as required; but
(c)that party does not surrender to custody as required.
(2) The Registrar must serve notice on—
(a)the surety; and
(b)the prosecutor,
of the hearing at which the court may order the forfeiture of the recognizance given by that surety.
(3) The court must not forfeit a surety’s recognizance—
(a)less than 7 days after the Registrar serves notice under paragraph (2); and
(b)without giving the surety an opportunity to make representations at a hearing.
[Note. If the purpose for which a recognizance is entered is not fulfilled, that recognizance may be forfeited by the court. If the court forfeits a surety’s recognizance, the sum promised by that person is then payable to the Crown.]