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An Affidavit of Surety is a sworn statement in which a person (the surety) formally declares their willingness and financial ability to stand as guarantor for a defendant's bail in criminal proceedings in England and Wales. It provides the court with sworn evidence of the surety's identity, relationship to the defendant, and means.

Under the Bail Act 1976, a surety is a person who enters into a recognisance (a formal written undertaking) to pay a specified sum if the defendant fails to surrender to bail. A surety does not pay money upfront; they commit to paying if the defendant absconds. The court approves the surety based on their means and character.

It should state the surety's full name, address, occupation, and financial means (assets, income, liabilities); their relationship to the defendant; the amount of the recognisance they are willing to enter into; why they are confident the defendant will attend court; and confirmation that they understand the consequences of the defendant failing to appear.

Under the Criminal Procedure Rules 2020, the court considers the surety's financial resources, character, previous convictions (if any), and proximity to the defendant. A surety who is financially capable but has no influence over the defendant may be rejected. The sworn affidavit is the primary evidence the court uses to make its assessment.

If the defendant absconds, the court may estreat (forfeit) the surety's recognisance under the Magistrates' Courts Act 1980 or Senior Courts Act 1981. The surety will be asked to show cause why they should not pay the whole sum. Courts may reduce the forfeiture amount if the surety took reasonable steps to ensure the defendant's attendance.

Yes. A surety can inform the police or surrender the defendant to the court at any time if they are concerned the defendant will not attend. Once the defendant is in custody, the surety is released from their obligation. It is important to act promptly if you have concerns, rather than waiting until a hearing.

Yes. Under the Oaths Act 1978, an affidavit must be sworn before a solicitor, notary public, or commissioner for oaths. Some courts also accept affidavits sworn before a justice of the peace. The officer endorses the document and the court will not accept an unsigned or unsworn statement as an affidavit of surety.

The term is most commonly associated with bail in criminal proceedings. In civil proceedings, sureties are sometimes required in costs orders or freezing injunctions, but these typically take the form of a guarantee or undertaking rather than a sworn affidavit. The criminal bail context is by far the most common use in England and Wales.