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GlossaryCriminal Law

Surety

A person who agrees to pay a specified sum to the court if the accused fails to appear, as a condition of the accused being granted bail.

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May 2026reviewed
In detail

How surety works in practice.

A surety is a third party, often a family member or close associate, who undertakes to pay a sum of money to the court if the accused person does not appear at their next court date. Courts sometimes require a surety as a condition of granting bail, particularly where there is a concern the accused may not return. The surety must have sufficient financial means to meet the amount, and the court will assess their suitability. A surety is not required to physically accompany the accused; they simply provide a financial guarantee.

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