Indemnifying Surety

Author: Ophelia Hollway

Practice area: breach offences

Ophelia is a Senior Associate and LIV Accredited Criminal Law Specialist at Doogue + George, appearing regularly as a solicitor advocate across Victorian courts and having practised exclusively in criminal law since admission. Her depth of experience in this area means clients receive accurate, considered advice.

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Ophelia authored this content and last revised it for accuracy on 6 August 2026.

What is the offence of Indemnifying Surety?

Indemnifying Surety is a bail-related offence under section 31 of the Bail Act 1977 (Vic). It concerns conduct that undermines the integrity of the bail system by prohibiting private arrangements that protect a surety from the legal risk they accept when guaranteeing another person’s compliance with bail.

Key points

What must be proved: An indemnity or agreement to indemnify a surety against bail-related liability.
Type of conduct: Offering protection from financial or legal consequences of acting as a surety.
Court: Magistrates’ Court.

The maximum penalty for Indemnifying Surety is a fine of 15 penalty units ($3,136 as at 2026-27) or imprisonment for three months.

Common defences may include absence of intention to indemnify a person acting as a surety.

Do the Police want to speak with you because they accuse you of Indemnifying a Surety? The Police may make an application at Court to revoke your bail if they accuse you of Indemnifying a Surety.

Our experienced lawyers can represent you in Court to oppose an application by Police to revoke your bail.

Police interview

Before you speak with the Police about an allegation of Indemnifying a Surety, you should contact one of our lawyers. You will have important questions such as:

Should I avoid the Police?
Should I deny the allegations?
Will I be remanded into custody?

Our lawyers can speak with the Police about their intention to revoke bail.

Our lawyers can also prepare your case ready to re-apply for bail.

Pleading not guilty

If you deny the charge of Indemnifying a Surety, you should speak with one our lawyers. There may be evidence which helps your defence that must be gathered and preserved.

Pleading guilty

If you decide to plead guilty to Indemnifying a Surety, it is best that you wait for the outcome of the substantive charges for which you are on bail. If you are found guilty of the substantive charges, you should conduct one plea in mitigation for all charges to receive an aggregate penalty that takes all charges into account.

Our experienced lawyers can assist you in developing a plea strategy for all charges.

Which court will the case be heard in?

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

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 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.

Legislation

The section that covers this offence is section 31 of the Bail Act 1977.¹

Elements of the offence

The Prosecution must prove the following elements for an accused to be found guilty of this offence:

The accused indemnified another person (P) against any liability; or
The accused agreed with another person to indemnify that other person (P) against any liability; and
The said liability may be incurred by that other person (P) as a surety to secure the attendance in answer to bail and the surrender to custody of a person accused, or convicted of, or under arrest for an offence.

Defences

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?

Can the Prosecution prove that you intended to indemnify the accused?

Maximum penalty for section 31 of the Bail Act 1977

The maximum penalty for Indemnifying Surety (s31 of the Bail Act 1977) is a fine of 15 penalty units ($3,136 as at 2026-27) or imprisonment for three months.

Sentencing

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

Other Important Resources

FAQ about Indemnifying Surety

Why is indemnifying a surety a criminal offence?

The offence exists to preserve the purpose of a surety under the bail system. A surety is intended to personally accept responsibility for ensuring an accused person complies with bail. Indemnifying a surety removes that personal risk and undermines the safeguard that the law requires when bail is granted.

Does the offence apply only if money is paid?

The offence is not limited to the payment of money. It includes indemnifying or agreeing to indemnify a surety against liability they may incur. This can extend to promises or arrangements that shield the surety from financial loss or other consequences arising from the accused failing to comply with bail.

Who can be charged with Indemnifying Surety?

A person who indemnifies or agrees to indemnify another individual acting as a surety can be charged. The offence focuses on the conduct of the person providing the indemnity, rather than the accused person who is subject to the bail undertaking.

Is intention relevant to this offence?

Intention is relevant. One issue identified is whether the accused intended to indemnify a person against liability incurred as a surety. If there was no intention to provide such protection, this may affect whether the offence is established.

What happens if police allege this offence while a person is on bail?

Police may apply to the court to revoke bail where an allegation of Indemnifying Surety is made. This reflects the connection between the offence and the integrity of existing bail arrangements, and places the issue before the court for determination.

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