When considering a person’s suitability to be a surety, the court (that is, a Judge, Magistrate or Justice of the Peace (s.2)) has a discretion; in exercising that discretion, section 5 (2) of the Bail Law (2015 Revision) provides that the court may have regard to his or her:
- Financial resources;
- Character and any previous convictions; and
- Proximity (of kinship, place of residence or otherwise) to the person for whom he or she is to be surety.
When assessing financial resources, a Court will normally expect the potential surety to:
- Show the court you have enough assets to cover the amount of bail by:
- Proving land documents
- All proprietors will be required to sign bail recognizance;
- Proprietors may be required to provide a recent valuation of property;and/or
- Providing a letter from a local bank securing the amount of the bail until completion of the case (almost always required where the amount exceeds $2,000); this will need to confirm that the money will not be released to anyone other than the Court until the bank is notified that the Court has released it;
- If employed, a current letter of employment and salary range or, if self-employed, a copy of business licence;
- Providing a deposit of cash in that amount.
In order to verify identity, a Court will normally only accept a person who is Caymanian who is normally resident in the Islands or a permanent resident;
Photo identification confirming both identity and residence will be required;
Proof of residence (usually through a recent utility bill in the person’s name) will be required.