People sometimes will get a phone call from their friends or loved ones asking them to act as a surety. So, what is a surety and can I be a surety? The focus of this article is to answer these two questions.
When people are arrested for criminal charges, there are usually three different releases: release by the police on a Promise to Appear, release by the police on an Undertaking, release after a bail hearing. The first two forms of release will be discussed in other articles, and we will focus on the third form of release: release after a bail.
When accused persons are facing a bail hearing, sometimes, the court will ask for a surety before they will release the accused. A surety is basically a jailor for the court. The surety’s obligations are to the court. If the accused are released, they will be released with conditions while waiting for their case to proceed in the criminal justice system. The common release conditions are not to possess any weapons, not to communicate directly or indirectly with certain individuals and not to be near certain individuals. Additional terms could be residing at certain address either with a surety or without a surety etc.
The surety’s job is to ensure the accused will not breach any of the conditions imposed on the bail order. If the surety finds any breaches, the surety has the obligation to report the breach and revoke the bail.
How long do I need to be a surety?
A surety’s obligations to the court continues until the case is concluded, which may last several months and even years, depending on the complexity of the case. However, the surety can also revoke the bail at anytime by making an application to the court. Once the surety revokes the bail, the person on bail will be taken into custody, unless there is another person ready to act as the new surety and is approved by the court.
Can I qualify as a surety?
The court will take a holistic view of a proposed surety before deciding whether the proposed surety can be eventually approved. The court usually considers the age, criminal record, outstanding charges, status in Canada, relationship between the proposed surety and the accused, and financial means of the proposed surety.
Do I need to pay money to be a surety?
The short answer is yes. The court will ask a surety to pledge certain amount of money to act as surety. The quantum is determined by the seriousness of the charge, the risks alleged and the surety’s financial circumstances. There is no set formula as to exactly how much is required. In vast majority of bails, the surety is only required to pledge the amount, which means it is a promise to pay, instead of money upfront. The court would only come after the pledge if the surety did not act diligently.
Can I lose the bail money?
Yes, you can. As mentioned above, there is no formula to calculate exactly how much a pledge is going to be. The quantum of the pledge is dependent on the seriousness of charges, the risks presented in the allegations and the surety’s financial circumstances. The purpose of the quantum is to create an incentive for the surety to act diligently or face the risk of losing the money pledged. The quantum usually is a number that will hurt the surety financially but not ruin the surety financially.
Can I make money as a surety?
No, you cannot ask for money to act as a surety. However, if you act as a residential surety, which means the accused will reside with you while on bail, asking the accused person to pay rent or cover groceries is acceptable.