Have you been charged with Indemnifying a Surety?
With the aid of an expert criminal lawyer, you may be able to raise a number of defences against such a charge.
Can the prosecution establish all the necessary parts of the offence? 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?
For more information on this charge, please continue reading below.
The offence
Section 31 of the Bail Act Victoria 1977.
The prosecution must prove:
The defendant indemnified or agreed with another person to indemnify that person from liability; and
That the liability incurred was a result of being a surety.
The maximum penalty
The maximum penalty is 15 penalty units or imprisonment for 3 months.
Where will my case be heard?
A charge for Indemnifying Surety will be heard in the Magistrates’ Court.
What to do next?
The offence of Indemnifying Surety carries severe penalties, including imprisonment, if proven. If you have been charged you should contact an experienced criminal lawyer today to allow adequate time to prepare the best possible defence to be raised on your behalf.
The legislation
Section 31 Indemnifying surety
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 attendance 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.
Penalty: 15 penalty units or imprisonment for three months.
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.
