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ARTICLE · 19 JANUARY 2024

What is a ‘surety' in a bail application?

Astor Legal
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A surety is a person who guarantees that the defendant will attend their court date after being granted bail.

AustraliaCriminal Law
Avinash Singh
Avinash Singh
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A common question that arises in any bail application is the meaning of a surety and whether one is required.

There are specific provisions of the Bail Act 2013 (NSW) that define this and what circumstances a surety will be appropriate.

What is bail?

Bail is conditional liberty that an accused is placed on when they are charged with a criminal offence. A person can remain on bail for the amount of time that their case is proceeding before the Court.

What is a 'surety' in bail?

A surety is a person who guarantees the defendant will attend their court date after being granted bail. The surety is required to surrender a security (money or property) if the accused fails to appear in court.

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