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Section 770 — Criminal Code: Default to be endorsed

Text of the provision Official document

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 the nature of the default; the reason for the default, if it is known; whether the ends of justice have been defeated or delayed by reason of the default; and the names and addresses of the principal and sureties. 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. A certificate that has been endorsed on the undertaking, release order or recognizance is evidence of the default to which it relates. 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.

Official source: laws-lois.justice.gc.ca

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Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.