Criminal Lawyers Melbourne

Indemnifying surety

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Shaun Pascoe
Criminal Defence Lawyer


Bail - VIC
The Law - Indemnifying surety

What the Law states - Indemnifying surety


Bail Act 1977 - SECT 31

Indemnifying surety

31. 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
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
Criminal Lawyers Melbourne