What’s the difference between a ‘surety’ and ‘security’ in a NSW Bail Application?

The mainstream media often uses the term ‘surety’ to denote money or other valuable property provided to guarantee a person’s bail.

There are many examples of this, and such usage is as common as it is incorrect:

https://www.abc.net.au/news/2018-02-07/salim-mehajer-loses-bid-for-bail/9405702

https://www.abc.net.au/news/2008-11-27/grandmums-house-sought-as-surety-for-bag-snatch/220972

https://www.9news.com.au/national/nsw-conman-peter-foster-granted-bail-court-changes-position/559364c6-d83a-4f34-8398-0765e2e562a4?ocid=Social-9NewsGC

https://7news.com.au/news/crime/weekly-shop-part-of-nsw-accuseds-bail-c-981304

https://www.afr.com/companies/mining/peabody-told-to-repay-australian-mine-rehab-bonds-20201102-p56av6

Surety versus security

The difference between the words ‘surety’ and ‘security’ in the context of bail applications is quite simple:

A ‘surety’, also known as a bail guarantor (and sometimes referred to as an ‘acceptable person’) is someone who guarantees bail for a person who applies for bail, by providing a security.

A ‘bail security’ is money or other property, or interest in property, that a bail guarantor provides to the court to support a bail application.

So, it makes no sense when the mainstream media says ‘X deposited an $X surety’, as this would suggest a physical person was deposited to the court.

Going to court for a bail application?

If your friend or loved-one is going to court for a bail application, or if you are concerned you may be arrested and refused bail at the police station, call Sydney Criminal Lawyers anytime for advice and representation by a specialist criminal defence team that regularly achieves bail in extremely serious and complex criminal cases.

Our lawyers represent clients in bail applications throughout New South Wales, including in the Sydney Metropolitan Area, Wollongong, Newcastle and on the weekend in Parramatta Bails Court.