Securities, sureties and other conditions of bail
Produced in partnership with Alistair Grainger of 25 Bedford Row
Securities, sureties and other conditions of bail

The following Corporate Crime practice note produced in partnership with Alistair Grainger of 25 Bedford Row provides comprehensive and up to date legal information covering:

  • Securities, sureties and other conditions of bail
  • Conditions of bail
  • A security
  • A surety
  • Consequences for a surety
  • A surety’s means
  • Culpability
  • Making sureties continuous
  • Other common conditions—ensuring court attendance
  • Residence
  • More...

Conditions of bail

A defendant granted bail by the court may be required to comply with conditions of bail both before and after bail is granted.

The Bail Act 1976 (BA 1976) refers to some conditions that may be imposed but does not contain an exhaustive list.

See further: Magistrates’ court bail application—checklist.

No condition may be imposed unless the court considers it necessary to ensure the defendant:

  1. attends court

  2. does not commit offences on bail

  3. does not interfere with witnesses or obstruct the course of justice

  4. cooperates with the preparation of pre-sentence reports

  5. attends appointments with their legal representatives

Common conditions imposed are

  1. before release:

    1. surrender of passport or other travel documents to the police

    2. provision of a security or sureties

  2. after release:

    1. residence at an address specified by the court

A security

A security is a sum of money or other valuables that is deposited with the court to ensure a defendant surrenders to custody. The security may be provided by the defendant personally or from a third party.

A security may only be deposited if the court considers that it is necessary to secure the defendant’s attendance at court.

If the defendant fails to surrender to custody it may be forfeited by the court either wholly or in part, unless there appears to be a reasonable excuse for their absence.

If a third party provides the security

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