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Indemnifying surety
Indemnifying surety
What the Law states - Indemnifying surety
Bail Act 1977 - SECT 31
Indemnifying surety31. Indemnifying surety
(1) Any person who indemnifies another person or who agrees with another person to indemnify that other person against any liability which that other person may incur as a surety to secure the appearance in answer to bail and the surrender to custody of a person accused or convicted of or under arrest for an offence he and that other person shall be guilty of an offence.
(2) An offence is committed against subsection (1) whether the agreement is made before or after the person to be indemnified becomes a surety and whether or not he becomes a surety and whether the agreement contemplates compensation in money or money's worth.
Maximum Penalty in Victoria
3 months / 15 penalty units
What the Prosecution must prove - Indemnifying surety - Vic
1. A person indemnifies a person against liability
2. Or agrees to indemnify
3. In relation to a surety to be given
Possible Defences - Indemnifying surety
Factual dispute
Lack of intent
Which court will hear the charge of Indemnifying surety
Magistrates Court
