Sureties/Recognisance

Sureties are put forward as potential guarantors that a person will answer their bail.

The standard Bail Form has spaces for two sureties, though there is no requirement that there are a pair: you could offer more, or none. It will be necessary to supply the Immigration Judge and Immigration Service/Home Office with their details so that the individuals in question, and their addresses, can be the subject of investigation via the national police computer. Two days notice should be given to the Secretary of State for this purpose.

Those with criminal convictions or insecure immigration status, or whose addresses have in the past been associated with absconding, are unlikely to be accepted as sureties.

The sureties should always attend court – it will rarely be the case that non attendance will be accepted. The surety should have proof of ID, address, occupation, financial status, immigration status (ideally British citizenship/Indefinite leave to remain) and evidence of the address that is available to the detainee.Immigration Judges prefer a surety who is living with or near bail applicant to ensure that the sureties are able to exercise a measure of control over them. The surety should explain their relationship to the detainee, and what level of contact they have had with them in the past, and intend to maintain in the future.

If the bail applicant absconds or does not comply with conditions of bail, the sureties risk forfeiting all or part of their recognisance. Large sums are often required by Immigration Judges (or CIOs) £5000 is not uncommon. The Immigration Judge will need to be satisfied that the sureties are suitable and will ensure that the bail applicant will answer the bail by complying conditions of the bail.