(1) Where an accused
is convicted of an offence against section 51(1), (2) or (2a), the court by
which he is convicted shall, whether or not an application is made therefor by
the prosecutor, order that the full amount agreed to be forfeited, in the
accused’s bail undertaking, be forfeited to the State.
subsection (1), the court may decline to make an order thereunder or may order
forfeiture in part only where the accused shows to the satisfaction of the
judicial officer —
that, by reason of a change of circumstances since the bail undertaking was
entered into, an order for forfeiture, or for forfeiture in full (as the case
may be), would cause excessive hardship to the accused or his dependants; and
such hardship would not be relieved by the exercise of one of the powers
conferred by section 59.
(3) Without prejudice
to the recovery of such an amount as a civil debt due to the State, any amount
to be paid under an order made under this section is to be paid, and its
payment may be enforced under Part 5 of the
Fines, Penalties and Infringement Notices Enforcement Act 1994 , unless an
order has been made under subsection (4).
(4) If under this
section the Supreme Court or the District Court makes an order requiring the
payment of money, the court may make an order under section 59 of the
Sentencing Act 1995 in respect of the amount payable and for that purpose that
section, with any necessary changes, applies as if the amount were a fine
imposed on the accused.
[Section 57 amended: No. 74 of 1984 s. 19; No. 92
of 1994 s. 7; No. 78 of 1995 s. 8; No. 54 of 1998 s. 11; No. 65 of 2003 s.
121(3); No. 84 of 2004 s. 82.]