The Assizes
| Published date | 01 April 1952 |
| Date | 01 April 1952 |
| DOI | http://doi.org/10.1177/002201835201600202 |
| Subject Matter | Article |
The Assizes
GRANTING OF BAIL : MEANS OF SURETIES
ON
an
application
by
two sureties for
the
full amount
of their recognizances
not
to
be forfeited
the
Recorder
(Sir Gerald Dobson) said
at
the
Central Criminal Court on
January
10, 1952,
that
the
case raised aquestion of general
importance
with
regard
to
the
granting of bail. Broadly
speaking,
he
said, while
the
qualification of means was
not
absolute, acourt dealing with
an
application for bail should
satisfy itself
that
the
sureties were able financially to
honour their bonds should
they
be called upon
to
do so.
If
sureties were persons of
straw
and
unable
to
meet their
bonds,
the
recognizances became meaningless
and
provided
no security whatever for
the
appearance of
an
accused
person in court.
The
accused
had
been committed for
trial
by
magistrates on charges of obtaining nearly £4,000
by
false pretences
and
was
granted
bail in his own recog-
nizances of £1,500,
and
his mother
and
an
acquaintance
acted as his sureties each in
the
sum
of £1,500.
The
accused failed
to
surrender
to
stand
his trial
and
was still
at
liberty. The Recorder ordered each of
the
sureties
to
forfeit £100 of
the
£1,500 (with
the
alternative of three
months' imprisonment)
to
be
paid
in instalments of £2 a
week.
The
Court
had
adjourned
the
question of estreating
the
recognizances
month
after
month
in
the
expectation of
the
accused surrendering, or being
arrested;
neither
event
had
occurred,
and
the
matter
could no longer be delayed.
The
mother of
the
accused was a widow earning £5
9s. 6d. a week.as acarriage cleaner
and
the
other
surety
was a clerk earning £8 a week.
The
former owned a small
house on which she still owed £100; she
had
a lodger
and
her
net
income was
about
£6 8s.
6d.a
week.
The
Recorder
was satisfied
that
the
second surety
had
done his
best
to
find
the
accused,
but
he
had
only aslight knowledge of him,
and
had
no business
to
enter
into
the
undertaking
at
all.
If
a case were so serious, said
the
Recorder, as
to
requite a
large
amount
of bail,
it
was necessary for
the
court
to
III
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