Criminal Code

Marginal note:Default to be endorsed

• 770 (1) Where, in proceedings to which this Act applies, a person who is bound by recognizance does not comply with a condition of the recognizance, a court, justice or provincial court judge having knowledge of the facts shall endorse or cause to be endorsed on the recognizance a certificate in Form 33 setting out

  • (a) the nature of the default;

  • (b) the reason for the default, if it is known;

  • (c) whether the ends of justice have been defeated or delayed by reason of the default; and

  • (d) the names and addresses of the principal and sureties.

• Marginal note:Transmission to clerk of court

  (2) A recognizance that has been endorsed pursuant to subsection (1) shall be sent to the clerk of the court and shall be kept by him with the records of the court.

• Marginal note:Certificate is evidence

  (3) A certificate that has been endorsed on a recognizance pursuant to subsection (1) is evidence of the default to which it relates.

• Marginal note:Transmission of deposit

  (4) Where, in proceedings to which this section applies, the principal or surety has deposited money as security for the performance of a condition of a recognizance, that money shall be sent to the clerk of the court with the defaulted recognizance, to be dealt with in accordance with this Part.