If the accused breaches a condition of bail and the surety knows, but does not inform the police, or if the surety fails to supervise the accused in terms of court attendances and maintaining the bail conditions, then the crown may make application to the court to obtain the money posted for bail.
Funds do not automatically default to the crown. The crown must show that the surety knew of a breach of the bail terms and did not report it, or did not properly supervise .