Surety - Breach of Recog

Discussion, ideas, questions and thoughts on case law.
Jmclea01
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Surety - Breach of Recog

Postby Jmclea01 » Sun Oct 15, 2017 8:40 am

Does anyone know of the case law surrounding a surety being charged with Breach of Recog?
I was speaking with a ranking officer in the courts, who advised me that a surety can be charged with breach of recognizance if the individual on a recog. breaches and it is known and not addressed by the surety (i.e. permitting the accused to breach his curfew... or allowing the accused to carry weapons -- and for the sake of argument -- providing the accused a knife to carry which goes against the prohibition).

I know my question is probably clear as mud... We have a party who consistently breaches his release conditions, where as his surety has been permitted to be a surety on the previous 5 or 6 breaches over the past 6 months, so I'm just exploring the possible alternatives.
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Dave Brown
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Re: Surety - Breach of Recog

Postby Dave Brown » Sun Oct 15, 2017 9:05 am

Please take this to the private forums. No one in here can provide legal advice.

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Pete Broccolo
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Re: Surety - Breach of Recog

Postby Pete Broccolo » Sun Oct 15, 2017 12:43 pm

Jmclea01 wrote:Does anyone know of the case law surrounding a surety being charged with Breach of Recog?
I was speaking with a ranking officer in the courts, who advised me that a surety can be charged with breach of recognizance if the individual on a recog. breaches and it is known and not addressed by the surety (i.e. permitting the accused to breach his curfew... or allowing the accused to carry weapons -- and for the sake of argument -- providing the accused a knife to carry which goes against the prohibition).

I know my question is probably clear as mud... We have a party who consistently breaches his release conditions, where as his surety has been permitted to be a surety on the previous 5 or 6 breaches over the past 6 months, so I'm just exploring the possible alternatives.

Are you a Probation Officer? Do up a repirt and send it to the Police Service whete this is iccurring.
If you are not, contact your local Police, make a repprt.
Either way, leave thus to the Police to deal with.
This sounds like somwone wanting help with their studies.
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