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What if the accused breaks one or more of the bail conditions while I am his or her surety?

As a surety, it is your job to call the police if you find out the accused is not following his or her bail conditions, including the condition to attend court when required. You are the accused’s “jailer in the community” in the eyes of the court and you are required to enforce the bail conditions.

If the accused is charged, and either pleads guilty or is found guilty of breaking any of the bail conditions or failing to attend court, the Crown can ask for you to pay the money that you promised to the court when you agreed to be surety. If the Crown does this, there will be a hearing held and you will get a chance to explain to a judge why you should not have to pay the money to the court. At the end of this hearing, the judge will decide whether you will have to pay all, some or none of the money that was promised.