ABSTRACT
Under s 8(1) of the Bail Act 1976, the court may grant bail on condition that the defendant provides one or more surety for the purpose of ensuring that he surrenders to custody.
In deciding whether to grant bail subject to a surety, the court has to consider the suitability of the proposed surety. Section 8(2) provides that regard must be had to: • the financial resources of the proposed surety: could the surety pay the
sum which he is promising to pay?; • the character of the proposed surety and whether he has previous
convictions: is the surety a trustworthy person?; • the ‘proximity’ of the proposed surety to the accused. (Is the proposed
surety a friend, relative or employer? How far away does he live from the defendant?) The most important consideration under this heading is the relationship of proposed surety to the defendant: will the surety have the ability to control the defendant so as to ensure that he attends court when he should?
