Victorian Consolidated Legislation

Bail Act 1977 - SECT 9

Surety for bail

9. Surety for bail



(1) Every surety to an undertaking of bail shall be a person who has attained
the age of eighteen years who is not under any disability in law and is worth
not less than the amount of the bail in real or personal property or both.

(2) Where an accused person is required to provide a surety or sureties regard
may be had in considering the suitability of a proposed surety to the
following in addition to any other relevant matters-

   (a)  the surety's financial resources;

   (b)  his character and any previous convictions; and

   (c)  his proximity (whether in point of kinship place of residence or
        otherwise) to the person for whom he is to be surety.

(3) Before admitting an accused person to bail with a surety or sureties the
court or other person authorized by section 27 shall-

   (a)  be satisfied of the sufficiency of the means of the surety or sureties
        and for this purpose may require the surety or sureties (as the case
        may be) to-

   (i)  lodge in cash the amount of the bail; or

   (ii) lodge by way of security for the amount of the bail a savings
        pass-book, deposit stock card or other document for operating an
        account which shows a credit balance equal to or in excess of the
        amount of the bail together with a document signed by the surety
        authorizing the withdrawal from such account of the amount of the bail
        and the payment of that amount to the Prothonotary, the Registrar of
        the County Court or the principal Registrar of the Magistrates' Court
        (as the case requires); and

   (b)  require the surety or sureties to make before it or him (as the case
        may be) or any other court or person authorised by section 27 an
        affidavit of justification for bail.

(3A) For the purposes of subsection (3), a surety may appear before a court by
audio visual link or audio link in accordance with Part IIA of the
Evidence Act 1958.

(3B) If a surety appears before a court by audio visual link or audio link,
the undertaking may be constituted by the undertaking signed by the accused
person and a copy of that document transmitted to the surety by any means and
signed by the surety.

(4) Where a surety desires so to do he may make a declaration of justification
instead of an affidavit of justification.

(5) A court or other person-





   (a)  before which or whom an affidavit of justification is made may
        administer an oath to the deponent and shall ask any questions which
        are required by any Act or law to be asked in the circumstances or
        which appear to it or him to be necessary; or

   (b)  before which or whom a declaration of justification is made may take
        the declaration and shall ask any questions which are required by any
        Act or law to be asked in the circumstances or which appear to it or
        him to be necessary.

(6) Where it appears to a court that a surety for bail has sworn an affidavit
of justification or made a declaration of justification which he knew to be
false in a material particular the court may declare the bail to be forfeited
and issue its warrant for the apprehension of the accused person.

(7) Where a surety has pursuant to subsection (3) lodged by way of security a
pass-book, stock card or other document the surety may at any time lodge in
cash the amount of the bail and he shall thereupon be entitled to the return
of the pass-book, stock card or other document together with any signed
withdrawal document and the court or person with whom the cash is lodged shall
make an endorsement upon the affidavit or declaration of justification for
bail made by the surety to the effect that the nature of the security has been
changed.

(8) Where a surety has pursuant to this section lodged in cash the amount of
the bail the court or person with whom the cash is lodged shall issue a
receipt for the money.