What are a surety’s rights and responsibilities?

4. Go to the bail hearing

The accused person's lawyer will review the plan with you and help you prepare to tell the court about your involvement in the plan.

At the courtroom, sit in the main seating area. Each courthouse has different courtrooms where bail hearings take place. If you're not sure which courtroom you need to be in, ask the lawyer or .

Make sure you're on time and in the right place for when the starts. If you're late or not in the courtroom when the begins, the matter may be to another day. This means the person you're trying to bail out will be kept in until the next hearing date and you will need to come to court on another date for the bail hearing.

When the bail hearing begins, the Crown will read what the person has been accused of doing to the court. Keep in mind that the person you're bailing out is and the details which are read out by the Crown are only allegations.

As the , you'll be asked to take the stand and tell the court who you're and why you're presenting yourself as a surety. This involves swearing an oath. When you swear an oath, you promise to tell the truth when answering questions. You'll have to tell the court about:

  • your background, such as your citizenship status, criminal record, where you live, who you live with, where you work and when
  • your relationship to the accused person
  • the bail plan for the accused person
  • your personal finances or information about your financial asset(s)
  • what your understanding of what being a surety means
  • what you will do if the person you're bailing doesn't listen to you or is breaching the bail conditions

The lawyer and the Crown will ask you questions. The judge or justice of the peace may also ask you some questions to clarify your before making a decision about whether to appoint you as a surety.

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