(1) This section applies where a person is granted bail on condition that he or she provides a surety.
(2) In considering the suitability of a proposed surety, the Court shall have regard, among other things, to—
(a) the surety's financial resources;
(b) the surety's character and any previous convictions of the surety; and
(c) the surety's proximity, whether in point of kinship, place of residence or otherwise to the defendant.
(3) Where a Court grants bail to a defendant but is unable to release him or her because no surety or no suitable surety is available, the Court shall fix the amount in which the surety is to be bound and subsections (4), (5) and (6) shall apply for the purpose of enabling the recognizance of the surety to be entered into subsequently.
(4) A recognizance of a surety referred to in subsection (3) may be entered into before such persons or descriptions of persons as the Court may specify or if it makes no such order, before any of the following persons—
(a) where the decision was taken by a magistrate, before the magistrate or a police officer who is either of the rank of inspector or above or who is in charge of a police station; or
(b) where the decision is taken by the High Court, before the Registrar.
(5) Where a surety seeks to enter into his or her recognizance before the person in accordance with subsection (4) but that person declines to take the surety's recognizance because that person is not satisfied of the surety's suitability, the surety may apply to—
(a) the Court that fixed the amount of the recognizance in which the surety was to be bound; or
(b) a magistrate for the district in which he or she resides, for that Court or magistrate to take his or her recognizance and that Court or magistrate shall, if satisfied of the surety's suitability, take his or her recognizance.
(6) Where, in pursuance of subsection (4) or (5), a recognizance is entered into, otherwise than before the Court that fixed the amount of the recognizance, the same consequences shall follow as if it had been entered into before that Court.