The Offence of Indemnifying Surety

by Doogue + George Criminal Defence Lawyers

This offence is committed when a defendant gets someone else to pay bail while agreeing to pay the other person back. Both the defendant and the surety will be charged with this offence.

Examples of Indemnifying Surety

A man is charged with a serious crime and has bail set at $1 million. He gets someone else to pay for his bail, and arranges for $1 million to be paid to them.

What are some of the possible defences to a charge of Indemnifying Surety?

One charge to this offence could be that you did not intend to indemnify the defendant against liability.

There are other possible defences depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions in cases like this

  • Were you aware the other person was a surety?
  • Did you intend to indemnify a person against any liability they may incur as a surety?

Maximum penalty and court that deals with this charge

The maximum penalty for this offence is a fine of 15 penalty units or imprisonment for three months.

This offence would normally be heard in the Magistrates’ Court.

What is the legal definition of Indemnifying Surety?

The prosecution must show that the accused offered to cover the costs for another person to act as a surety.


The section that covers this offence is section 31 of the Bail Act 1977.

What can you be sentenced to for this charge?

If found guilty of this offence and the person does not answer bail, you may receive a jail term.

Did you receive a summons for an offence of Indemnifying Surety? Contact Doogue + George Defence Lawyers. Our lawyers provide criminal defence against this charge for cases heard at any Victorian court.

For other resources related to this charge, visit this page where this article was originally published:


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