Apr 10

What is the Role of a Surety?

A surety is usually a friend or family member of the defendant who agrees to take on the financial responsibility for ensuring that the defendant appears in court and follows their bail conditions. When the surety posts bail for the defendant, they are essentially promising to pay the full amount of the bail to the court if the accused violates his bail.

A surety has the following responsibilities:

  1. ensuring the accused appears in court as required;
  2. ensuring the accused does not violate the terms of their release order; and
  3. ensuring the accused does not commit any criminal offences.

If the accused violates any of these requirements, a surety is required to report this to the police.

Can I be a Surety?

A surety must be 18 years or older and must have status in Canada (Canadian citizen or a permanent resident). It is preferable that a surety does not have a criminal record, but if a proposed surety does have a criminal record, it should be a dated and minor record.

It is also important to note that acting as a surety can be a significant responsibility, as the surety may be required to pay the full amount of money that is pledged if the accused breaches bail. As such, individuals who are considering acting as a surety should carefully consider their financial situation and their relationship with the accused before agreeing to do so.

If you have any questions, contact Lockyer Zaduk Zeeh at 416-613-0416 or at our 24/7 line at 416-613-8764. Lockyer Zaduk Zeeh are experienced bail. We work closely with your family and friends to craft a sufficient release plan to maximize your chances of success.