In deciding whether to order enforcement of a recognisance for bail, the effect of such enforcement on the means of the surety was a relevant factor to be considered. A stipendiary magistrate who had ewscvordered the forfeiture of #150,000 offered as recognisance and who fixed a period of three years' imprisonment in default, had not properly considered his powers under s.120 Magistrates' Court Act 1980.

QBD (Rose LJ, Brian Smedley J)

13/07/1999