Can a Witness Be a Suitable Surety in a Criminal Case in Canada?

March 20, 2024   |   Manbir Sodhi   |  
Bail Lawyer in Brampton
Bail Lawyer in Brampton

Can a Witness Be a Suitable Surety in a Criminal Case in Canada?

In Canada, finding a suitable surety is an important step in preparing for a criminal case. Some people wonder, “Can a witness be a suitable surety?”

If you have questions about the suitability of a surety in your upcoming court case, or if you have any other questions, seek legal advice from Manbir Sodhi Law in Brampton. Our experienced legal team can help.

What is a Surety?

A surety is a person who is responsible for supervising the accused person while they are out on bail and ensuring that they abide by all of their bail conditions, including attending any future court dates. If the accused violates any of their bail conditions, their surety is responsible for calling and informing the police.

A surety is also responsible for paying the court money if the accused person does not show up to a future court date. To do this, they must show the court that they are financially able to pay that amount of money through their financial records.

Sometimes, courts ask sureties to testify in court about their responsibilities and abilities to complete them. If the accused does not have a surety, they will likely be required to stay in jail until their trial.

What Makes Someone Ineligible To Be a Surety?

Sometimes, people wonder about the qualifications required for suretyship. There are some qualifications that a surety must fulfill, such as being of age and residing in the same province as the accused. People can be denied acting as a surety for a variety of reasons.

  • Underage
  • Alleged victim of the accused
  • Counsel of the accused
  • Not residing in the same province as the accused
  • Current criminal charges
  • Not a Canadian citizen, permanent resident, or landed immigrant
  • Accused of the same crime
  • Unwilling to act as surety

If you have any questions about the requirements to be a surety in a court case, an experienced lawyer can help.

Can a Witness Serve as Surety?

So, can a witness be a suitable surety? None of the disqualifications from being a surety mention being a witness in the same case. Simply put, being a witness does not make someone ineligible to be a surety.

It is uncommon, but witnesses have acted as surety in prior cases; that precedence means that being a witness alone is not a sufficient reason for a court to deem someone ineligible to act as surety. 

Reach Out to Manbir Sodhi Law 

If you have any questions about whether a witness can be a suitable surety, the team at Manbir Sodhi Law can help. Call our office today at 905-457-2546 to learn more about how we can support you through every step of a criminal case, including helping to assess a witness’s suitability for a surety bond in your case. 

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