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By LegalMatters Staff • Once someone is held in custody after their arrest, they are legally entitled to a bail hearing within 24 hours or as soon as a justice is available. Unless the court decides they should be detained – because their release would endanger the safety of others or that there is a risk they will re-offend – bail will be set, sometimes with conditions.
One of the common conditions is that a surety must be found to supervise the accused when they are released back into the community. Sureties are typically friends or relatives of the accused. They must be:
- over the age of 18;
- be a Canadian citizen or a landed immigrant;
- not be involved in the offence the person was charged with;
- not already be acting as a surety for someone else;
- and not accept payment or other means of compensation for their role as surety.
“Sureties will be questioned about their qualifications before they are approved by the court,” says Calgary criminal lawyer Matthew Deshaye. “A surety may also pledge cash or property to the clerk of the court in order to bolster their commitment.”
Deshaye says a surety’s duties end when the case ends, which can take years.
“If you are asked to be a surety for someone, carefully consider the time commitment and financial risk,” he says. “If you are not confident the person will abide by their bail conditions or attend their trial, you should not agree to become their surety.”
Deshaye notes that sureties have the option of removing themselves from the position by applying to the court for a release.“When that happens, the court will issue a surety warrant for the accused, meaning they will be placed into custody,” he explains. “An alternative for that would be for defence counsel to find someone else to take over the role of surety.”
