(1) A surety may apply
to an appropriate judicial officer for cancellation of his undertaking.
(2) An application
under subsection (1) may be made at any time before that specified, or deemed
by section 31(3) to be specified, in the accused’s bail undertaking for
his appearance in court.
(3) Upon an
application being made under subsection (1) an appropriate judicial officer
shall cause the accused to appear before him or another such officer and may
issue a warrant or summons for that purpose.
(4) Upon the
appearance of the accused before the time mentioned in subsection (2) an
appropriate judicial officer shall —
cancel the surety undertaking; and
exercise one of the powers set out in section 55(1)(d) or (e).
(5) An application
under subsection (1) must be made, and proceedings on it are to be conducted
(a) in a
court of summary jurisdiction — in accordance with the regulations;
the Supreme Court or the District Court — in accordance with rules of
[Section 48 amended: No. 59 of 2004 s. 141; No. 84
of 2004 s. 7 and 82; No. 6 of 2008 s. 29.]