News · Criminal law explainer
What is a surety and bail security in NSW?
For some bail, the court or police require money to be pledged as a guarantee that the accused will attend court. This is a security condition, and the person who provides it is often called a surety. This note explains how surety and security conditions work in New South Wales, who can act as a surety, and what is at stake.
By Aaron Kernaghan · Published 3 September 2026
A security condition on bail means a person agrees to forfeit an amount of money if the accused fails to appear in court. The person who provides it is often called a surety or acceptable person. They can pledge cash or the value of an asset. If the accused attends court as required, the money is returned; if they abscond, it can be forfeited, so being a surety carries a real financial risk.
What is a security condition?
A security condition is a bail condition under which an amount of money, or the value of property, is pledged and will be forfeited if the accused fails to comply with their bail, in particular if they fail to appear in court. It is one of the conditions a court can impose to manage the risk that a person will not come to court.
The security is not a fine or a fee paid to be released. It is a guarantee. If the accused does what they are required to do, the money is not lost.
Who is a surety?
A surety, sometimes called an acceptable person, is someone other than the accused who agrees to provide the security. It is often a family member or close friend who is prepared to pledge money or an asset to support the person's release. The court assesses whether the person is suitable and whether they genuinely have the means pledged.
The court wants a surety who has a real connection to the accused and a real interest in making sure they attend, because that connection is part of what makes the guarantee effective.
What can be pledged?
A surety can pledge cash, which may have to be deposited, or the value of an asset such as equity in a house. The amount is set by the court to reflect the risk and the means of the surety. The idea is that the amount is large enough to matter, so the surety has a strong incentive to ensure the accused attends.
Where property is pledged, the surety may have to provide evidence of ownership and value. The court needs to be satisfied the security is real.
What happens if the accused fails to appear?
If the accused fails to comply with bail, in particular by failing to appear, the security can be forfeited, meaning the surety loses the money or the pledged value. This is not automatic; there is a process, and a surety can be heard, but the risk of forfeiture is real.
So being a surety is a serious commitment. A person should only agree to it if they trust the accused to attend and can genuinely afford the amount pledged.
Should you be a surety?
Agreeing to be a surety is a way to help a person get bail, but it carries a real financial risk. Before agreeing, understand the amount, the conditions, and what would trigger forfeiture. Do not pledge more than you can afford to lose.
For the accused, a willing and suitable surety can be the difference in a bail application. Our notes on police bail and the unacceptable risk test explain how conditions like this fit into a bail decision.
Frequently asked.
What is a surety in NSW bail?
A person, often a family member or friend, who provides a security by pledging money or the value of an asset that can be forfeited if the accused fails to comply with bail, especially by failing to appear in court.
What is a security condition on bail?
A bail condition under which an amount of money or the value of property is pledged and will be forfeited if the accused breaches bail. It guarantees attendance rather than being a fee for release.
Do I get the money back?
Yes, if the accused complies with bail and attends court as required, the security is not forfeited. It is returned. It is only at risk if the accused breaches bail.
What happens if the accused runs away?
The security can be forfeited, meaning the surety loses the money or pledged value. There is a process and the surety can be heard, but the risk of forfeiture is real.
Should I agree to be a surety?
Only if you trust the accused to attend and can genuinely afford to lose the amount pledged. Understand the amount, the conditions, and what would trigger forfeiture before agreeing.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
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