Article 12 Bail with sureties
This article applies where a person is granted bail under this Order on condition that he provides one or more surety or sureties for the purpose of securing that he surrenders to custody.
In considering the suitability for that purpose of a proposed surety, regard may be had (amongst other things) to—
the surety’s financial resources;
his character and any previous convictions of his; and
his proximity (whether in point of kinship, place of residence or otherwise) to the person for whom he is to be surety.
Where a judge advocate grants a person bail under this Order on such a condition but is unable to release him because no surety or no suitable surety is available, the judge advocate shall fix the amount in which the surety is to be bound and paragraphs (4) and (5) shall apply for the purpose of enabling the recognizance of the surety to be entered into subsequently.
Where this paragraph applies the recognizance of the surety may be entered into before such persons or descriptions of persons as the judge advocate may by order specify or, if he makes no such order, before a judge advocate.
Where a surety seeks to enter into his recognizance before any person in accordance with paragraph (4) but that person declines to take his recognizance because he is not satisfied of the surety’s suitability, the surety may apply to a judge advocate for the judge advocate to take his recognizance and the judge advocate shall, if satisfied of his suitability, take his recognizance.
Where, in pursuance of paragraph (4), a recognizance is entered into otherwise than before the judge advocate who fixed the amount of the recognizance, the same consequences shall follow as if it had been entered into before that judge advocate.