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2.1 A person may be considered suitable to stand as a surety, according to Section 8 of the Bail Act 1976, following an assessment by the custody officer of the following factors:
The proposed surety’s financial resources
How the surety would propose to pay the sum of money if the accused fails to appear
Their character and any previous convictions
Their relationship to the accused.
2.2 Before accepting a person as a surety, custody officers must be confident that the person standing as surety has the means to pay. The surety must also be made to understand that the payment of the agreed sum may be required in full, in the event that the accused fails to answer their bail and surrender at the appointed time and date.
2.3 Generally it is good practice to ensure that a surety:
Is over 18 years of age
Has the financial means to meet their obligation (to the satisfaction of the custody officer)
Has a permanent address
Is likely to be able to secure the attendance of the accused.
2.4 In most cases, the surety will be required to appear before the custody officer or court to enter into the agreement.
2.5 Where a person contacts the police to state that they no longer wish to stand a surety, they should be required to make a statement, outlining the reasons why. In these circumstances, if the police feel that a failure to answer bail is now likely, the accused may be arrested under the Bail Act 1976.
2.6 If the surety has been imposed as a result of court bail, this withdrawal statement should be presented to the court and directions sought. In the event of a failure to appear the court will decide the appropriate course of action.
2.7 The key difference between this arrangement and the taking of a security is that no money actually changes hands unless the accused fails to surrender to custody.