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FORMS OF BAIL

Stephen Shirrefs, SC

Own undertaking

There are various forms of bail, however most people are bailed "on their own undertaking". This means that no person other than the accused is responsible for the accused attending court when required to do so (see also: "Surety", below). Sometimes the accused has to deposit a sum of money with the police or the courts before being released. An accused is entitled to recover the deposit once the matter against them is finally determined.

Surety

Sometimes another person will be required to deposit or "put up" a sum of money or property. Such a person is called a "surety" (see: "Sureties", below). A surety is a person who guarantees by putting up a security, usually a sum of money or a title to a property, that an accused person will appear at the date and place specified in the bail bond. If the accused does not turn up at court to answer their bail, the amount put up is liable to be forfeited to the state.

FORMS OF BAIL :: Last updated: Thu Jul 1st 2010