Section 37Part 2 — Punishments
Forfeiture of recognisance
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37. (1) Where a recognisance has been entered into before a court under section 35 or 36 and the recognisance appears to the court to be forfeited, the court may, subject to subsection (2), declare the recognisance to be forfeited and adjudge the persons bound thereby, whether as principal or sureties, or any of them, to pay the sum in which they are respectively bound.
Where a recognisance is conditioned to keep the peace and be of good behaviour, the court shall not declare it forfeited except by order made on complaint.
The court which declares a recognisance to be forfeited under subsection (1) may, at any time, instead of adjudging any person to pay the whole sum in which that person is bound, remit the whole or any part thereof either absolutely or on such conditions as it thinks just.
Payment of any sum adjudged to be paid under this section may be enforced by any court as if it were a fine.
Where any person has entered into a recognisance under section 36 and in breach of that recognisance fails to appear and receive judgment at such future Section 38 Penal Code (2026 Revision) Page 30 Revised as at 31st December, 2025 c sitting of the court or when called upon, the court may, without prejudice to its power to declare the recognisance to be forfeited, issue a warrant for that person’s arrest.