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CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT (NORTHERN IRELAND) 1968 - SECT 11

Disposal of deposits in lieu of sureties in certain cases.

11.(1) Where, under any enactment, any sum or security has been deposited with
a magistrates' court, or with a member of the Royal Ulster Constabulary, in
lieu of sureties for the due performance of the conditions of a recognizance
and

(a)the conditions of the recognizance have been duly performed but it has not
been possible to repay or return the deposit to the person who deposited it;
or

(b)a condition of the recognizance has been broken but it has not been
possible to serve a notice of application to estreat the recognizance on the
person who made the deposit or to ascertain his usual place of abode;

(i)in the case of money, to be transferred to the [Consolidated Fund of the
United Kingdom];

(ii)in the case of any other security, to be sold and the proceeds of the sale
transferred to the [Consolidated Fund of the United Kingdom].

(2) Notice of any such application, containing particulars of the deposit and
of the party who deposited it, shall be exhibited at the police station
nearest to the place where the deposit was made for a period of not less than
one month before the hearing of the application by the court.

(3) Where a court which has made an order under subsection (1) is satisfied,
at any time after the making thereof, upon an application made in accordance
with the said Part VIII, that any person claiming to be entitled to the whole
or part of any sum transferred to the [Consolidated Fund of the United
Kingdom] in pursuance of that order is so entitled, that court may, by order,
so declare; and the Ministry of Finance shall issue out of the [Consolidated
Fund of the United Kingdom] such sums as may appear to that Ministry to be
necessary to provide for payment thereof accordingly.

S.12(1), with Schedule 1, effects amendments; subs.(2) effects repeals. S.13,
with Schedule 2, effects amendments. S.14, with Schedule 3, effects repeals


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© 1968 Crown Copyright

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