Last updated 12 August 2016

Sometimes a condition of bail requires someone other than the defendant to deposit or promise money that will be forfeited if the defendant breaches bail. Sureties must be 18 years of age or over and cannot have been convicted of a serious (indictable) offence (s 21 Bail Act 1980 (Qld) (Bail Act)). A surety will be required to swear an affidavit of justification in the prescribed form (Form 11) to satisfy the court that they have sufficient means to pay if the defendant breaches the bail conditions. A surety will also need to provide proof of the source of the money or property. A person will not be accepted as a surety if it would be ruinous or injurious to that person or their family if the undertaking was forfeited (s 21(8) Bail Act).

It is an offence to indemnify a surety against any liability they may incur as a surety in relation to their obligations under the bail undertaking (s 26 Bail Act).