Criminal Code

Marginal note:Default to be endorsed

• 770 (1) If, in proceedings to which this Act applies, a person who is subject to an undertaking, release order or recognizance does not comply with any of its conditions, a court, provincial court judge or justice having knowledge of the facts shall endorse or cause to be endorsed on the undertaking, release order or 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) Once endorsed, the undertaking, release order or recognizance must be sent to the clerk of the court and shall be kept by them with the records of the court.

• Marginal note:Certificate is evidence

  (3) A certificate that has been endorsed on the undertaking, release order or recognizance is evidence of the default to which it relates.

• Marginal note:Transmission of deposit

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