What are a surety’s rights and responsibilities?
Question & AnswerWhat are a surety’s rights and responsibilities?
2. Know what happens if they break the rules
You can talk to your own lawyer before agreeing to be a . If you're not sure that you should offer to be a surety, talk to a lawyer about your concerns. The lawyer can help you understand what the court expects from a surety.
Do not offer to be a surety if you're uncomfortable with the responsibilities, or you're not sure about your ability to supervise the accused person.
If you're not sure of your ability to supervise, discuss the plan with the accused person and their lawyer. If the person you bailed out commits further offences while on bail, or does not follow their bail conditions, they will be and charged with new charges.
If the accused person does not follow their bail conditions and you did not report them to the police, the Crown can apply to have you pay the amount of money you pledged into court. This process is called an “”. You'll be told when the will be held at least 10 days in advance.
At the estreatment hearing, the Crown will ask that you give the court the amount of money you promised to pay the court as a security. You can tell the judge why you should not have to give the court your money.
The judge may decide you have to pay the full amount, some of the amount, or nothing.