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1.1 A surety is a person who gives an undertaking to ensure an accused person’s return to custody. A surety’s only obligation is to secure attendance of the person at court. The surety is not expected to prevent further offences or interference with witnesses by the accused.
1.2 Section 3(4) of the Bail Act 1976 provides that a person granted bail in criminal proceedings may be required, before release on bail, to provide one or more sureties to secure their surrender to custody.
1.3 The use of conditional bail powers may replace or complement the imposition of a surety or security.
1.4 When a custody officer is considering the release of a person from police custody on bail whether after charge or seeking a charging decision, it is for the custody officer to consider whether a surety may be required, and the setting of any associated financial surety.
1.5 A surety may be required to agree a sum of money to be forfeited in the event of a failure to surrender to custody. The forfeit of the amount of money may only take place where the accused fails to surrender to custody at the appointed time and place.
1.6 In the case of a surety no sum of money needs to be physically deposited (this would be a security – see below), though the custody officer will need to be satisfied that the person standing surety would have the means to forfeit the sum in the event of an accused person’s failure to surrender.
1.7 The value of any financial surety should be considered appropriate to the seriousness of the offence. In lieu of a cash surety, consideration may be given to other goods that have a realisable value.
1.8 It follows, then, that a surety should only be used where there is a reason to suspect a failure to appear. If there are reasons to suspect further offences or witness interference, a surety should not be used.
1.9 Where a person is unable to provide adequate surety, the custody officer should consider alternative means of ensuring the attendance of the accused at court, such as a security or further bail conditions.