Have you ever received a frantic phone call from a family member or friend saying that they have been arrested and they urgently need you to bail him/her out? While posting bail may seem like a simple act of helping a loved one, many people do not realise that becoming a surety comes with serious responsibilities and legal obligations. Before agreeing to bail someone out, it is important to understand exactly what you are signing up for.
Can I bail my family member or friend?
The first question you need to ask yourself is whether you are eligible to be a bailor. A family member or friend may act as a bailor (also known as a surety) to secure the release of an accused person pending investigations or Court proceedings.
Generally, a bailor must be at least 21 years old, mentally sound, financially capable of providing the bail amount if required by the authorities or the Court, and must usually be a Singapore citizen or Permanent Resident. The authorities may also require the proposed bailor to provide proof of identity, employment, income, or assets before approving the bail. Importantly, the bail amount cannot be paid by the accused person but is a sum that the bailor personally undertakes and is responsible for, it is effectively the bailor’s own financial commitment that may be forfeited if there is a breach of bail conditions.
In cases involving minors, the parents are commonly required to act as the bailors, as they are expected to supervise the minor and ensure that he or she attends all investigations and Court hearings, and complies with all bail conditions.
Read more: The Arrest & Bail Process in Singapore
Bailor’s / Surety’s Duties
What then are the duties of a surety? Before you agree to bail someone out, it is important to understand that acting as a surety in Singapore comes with three key responsibilities.
Ensure that released person presents himself or herself where required
First, you must ensure that the released person surrenders himself or herself into custody when required, in accordance with the bail or bond conditions. This includes making sure that the person attends all investigations with the police and appears in Court on all scheduled dates.
Keep in daily communication with the released person
Second, you are expected to maintain regular contact with the bailed person, typically on a daily basis. This communication may be face-to-face or through phone or other means. If you are unable to contact or locate the person, you are required to lodge a police report within 24 hours.
Ensure that the released person is within Singapore
Third, you must ensure that the released person remains within Singapore. If the Court or authorities grant permission for the person to leave Singapore, this obligation will be temporarily lifted for the approved period, but your consent and an additional bail amount may be required.
In summary, acting as a surety is not just about helping someone secure their release from custody. It is a legally binding undertaking that requires active supervision, constant communication, and a willingness to take responsibility for the accused person’s compliance with bail conditions. Before agreeing to take on this role, it is important to fully understand the obligations involved and be confident that you are able to meet them.
Frequently Asked Questions (FAQs) – Duties of Sureties in Singapore
It is important to remember that becoming a surety comes with legal duties. If you are unable to carry out these duties or foresee difficulty in doing so, you should carefully consider whether you are suitable to take on this role.
You should also assess whether you are financially able to take responsibility for the bail amount required, as this is a serious financial and legal commitment.
There is no legal requirement under Singapore law that a next-of-kin must act as a surety for an arrested person. The decision to do so is entirely voluntary.
If you are considering becoming a surety, you should first ensure that you understand and are able to comply with the duties involved before agreeing to take on this responsibility.
No, there is no legal requirement that a wife must act as her husband’s surety and vice versa. The decision is entirely up to you, and you should not be pressured by your spouse or any family member into doing so.
Even if you choose to be his surety, the Court will still assess the circumstances before deciding whether to approve your application.
Yes, at any point during the proceedings, if you feel that you are no longer able to fulfil your duties as a surety, you may apply to the Court to be discharged. However, this is subject to the Court’s approval.
Until your application is approved, you must continue to comply with all your obligations as a surety. You will only be released from your responsibilities once the Court has granted your discharge application.
If your family member or friend is unable to produce another bailor, he or she may be required to remain in remand until a suitable bailor is appointed and approved by the Court.
Yes, the bail amount may be reviewed depending on the circumstances of the case and the accused person’s personal situation, but any change is ultimately subject to the Court’s approval.
If you are unable to furnish the bail amount, another suitable person should consider acting as the bailor instead.
Do note that bail is not always limited to cash. In some cases, collateral or other forms of security may be accepted, depending on what is approved by the Court.
If the bailed person absconds, you may be summoned to Court to explain why your bail bond should not be forfeited.
If you are able to demonstrate that you have complied with your obligations as a surety, the Court may decide not to forfeit the bond. However, if the Court finds that you have failed in your duties, it may order that the whole or part of the bail amount be forfeited.
If your bond has not been forfeited, it will generally be refunded within 21 working days.
This will usually be after the case has concluded, or after the Court has approved your application to be discharged as a surety.
