Recognisance for appeal

pk82

Assume recognisnace for an appeal from DC to CC is fixed (own bond)

Appeal is lodged

Can one then on the Court date apply to have the matter stuck out (having informed the prosecution in writing a number of days beforehand) without having to pay the recognisance?

OR

MUST one proceed with the case, whether one wants to or not if one does not wish to pay the recog?

As an aside, what exactly is the point of recognisance in an appeal - is it to stop timewasters appealing and not showing up?

Pat Mustard

Recognisance

A recognisance is a guarantee or a promise that an individual will turn up in court for the prosecution of any case concerning him or her.

A recognisance can be set in the defendant's or appellant's own bond, and is simply a matter of signing a recognisance form binding oneself in a certain amount of money to process either the appeal or to turn up in either the District or Circuit Court for the duration of any case or trial until same is finally disposed of by the court.

If the recognisance involves an independent surety or sureties, such surety must first be approved by a District Court judge before the recognisance may be entered into.

If a cash lodgement is involved the amount due may be lodged in the office where one is given a receipt which they can take to the court in order for the relevant recognisance form to be entered into and acknowledged.

With regards to appeals, you will be informed that the recognisance puts a stay on the order that is the subject of an appeal, if lodged within the 14 day limit.

All recognisances must be acknowledged by either a judge of the District Court or a Peace Commissioner.
When considering recognisances, the judge has 4 options, ie;

• Dispense with any recognisance (only in the case of an appeal)
• Fix recognisance in the appellant's, defendant's or accused's own bond
• Fix the appellant's, defendant's or accused's own bond together with an independent surety or sureties
• Fix the appellant's, defendants or accused's own bond together with a cash lodgement

A surety is really a guarantor, promising that the first named party in the recognisance will prosecute his or her case or appeal.
The processing of appeals is done in accordance with the District Court Rules,1997 and part IV of these rules applies directly to the procedures involved

If a recognisance is set in the defendants own bond they simply have to sign a recognisance form binding themselves in a certain amount to process the appeal.

If the recognisance involves an independent surety, this surety must first be approved by a District Court Judge before the recognisance may be entered into.

If a cash lodgement is involved the amount due should be lodged in order for the relevant recognisance form to be entered into and acknowledged. Defendants are also informed that this recognisance puts a stay on the order that they are appealing, if lodged within the 14 day limit.

This recognisance must be acknowledged by either a Judge of the District Court or a Peace Commissioner.

A copy of the notice of appeal must be served on the complainant and a statutory declaration to this effect must be signed and witnessed by a judge or Peace Commissioner or Commissioner for Oaths.

People have previously applied to withdraw their Appeals before they came up for hearing.