A surety is someone who is often mentioned in a bail undertaking. If the defendant fails to appear, the money or property may be 'forfeited to the court'. Another condition used when defendants apply for bail, is the naming of a surety. A surety is a person who guarantees that the defendant will attend her or his court hearing. The surety is sometimes required to deposit the security as a commitment that the defendant will appear. This security is returned when the hearing has finished. If the defendant does not turn up to court, the surety loses the security and the court may keep it.
Who can be a surety?
To be accepted as a surety, the judge in court or Justice of the Peace (JP) who the bail undertaking is signed in front of must determine that you are of suitable character. This may involve doing a criminal record check.
You will need to prove your identity and residential address to the judge or JP. You will also be asked to provide details of how long you have known the defendant and describe your relationship. For example you might be the defendant's parent, wife or husband.
To be a surety, you need to:
- be over 18 years of age,
- have savings and possessions that are worth more than the security required in the bail undertaking.
博通位于澳洲悉尼的刑事刑法辩护律师在保释程序方面经验丰富，能够帮助您处理与保证人相关的事务。
来源：新南威尔士州最高法院
