The election to become a surety for an Accused when they are making a bail application is a serious decision and should not be taken lightly.
When you agree to become a surety for someone, you are essentially entering into a legally binding agreement to forfeit a specific sum of money, should the Accused fail to attend court without a reasonable excuse when required to do so.
Therefore, there should be a high level of trust present between the surety and the Accused.
Under the Bail Act 1982, to make a successful application to be a surety you must:
- Be over 18 years of age;
- Be able to provide identification and an address;
- Provide evidence you have assets sufficient to cover the surety amount;
- Be generally of good character.
Some factors that may affect your ability to be a surety are:
- If you have any serious convictions;
- If you have outstanding fines;
- Whether your ability to pay the surety in the event of the Accused’s default would cause undue financial hardship.
The above factors will be checked prior to your surety undertaking being finalised: therefore, you must be confident you will qualify to be a surety before making the application or risk serious consequences for the Accused i.e.- they could be remanded in custody until a new surety is found.
It is an offence to make a false statement when signing a surety undertaking which, if found guilty, can attract 12 months imprisonment and/or a fine.
If you are considering making a surety application on behalf of an Accused seeking bail and require further legal advice or assistance, please contact Appius Lawyers – experienced Perth Criminal Lawyers and speak to one of our experienced solicitors.
