Offering financial condition supporters/sureties
A financial condition supporter is someone who gives an undertaking to the immigration tribunal, or the Home Office in an application for Secretary of State bail, that they will ensure that the bail applicant, if released from detention, will answer to bail. The undertaking is bolstered by a promise to pay a forfeit in the event that the person granted bail absconds. An acceptable financial condition supporter - known as a cautioner in Scotland - is someone who the judge feels will have sufficient influence on the bail applicant to ensure that they keep in touch with the Home Office. There is no obligation in law for a financial condition supporter to supervise the person on bail or police their conduct once released, although this may not stop the Home Office or even a judge from suggesting they are unsuitable because they were unable to stop previous offending behaviour, or live too far away to be able to exercise any control. Financial condition supporters must attend the bail hearing (either online or in person) with proof of identity, address, and income, and if called on by the judge to speak, must explain to the judge how they know the applicant, and how they intend to ensure that they do not abscond. Financial Condition Supporters don’t need to be British citizens, but they do need to have leave to be in the UK. The amount of recognisance to be offered need only be an amount that it would be painful, for that individual, to forfeit if the person on bail was to abscond.
The bail guidance for judges [1] explains the role of financial condition supporters as follows:
Where a judge decides that a financial condition is necessary to reduce to an acceptable level the risk of non-compliance with the other bail conditions, they will evaluate the level of the financial condition and the ability of the person supporting the financial condition to meet that sum. The bail condition that the financial condition is intended to support should be specified to enable the financial condition supporter to understand the risk they are guaranteeing.
Because the financial condition is an additional mechanism for reducing the risk of non-compliance, it will rarely be necessary to question the person supporting the financial condition about whether they have any influence over the person to be released on immigration bail. Their suitability will depend on any adverse evidence about their character, such as a criminal record, and whether there is reliable evidence they would be able to cover the financial condition or their part thereof.
It is not necessary to offer a financial condition supporter in order to be released on bail by the tribunal. The bail guidance for judges states:
84. A financial condition is not a pre-requisite of immigration bail. In each case, if a judge is satisfied that a person will comply with the conditions of bail, a financial condition will not be required. Where there is some doubt that a person will comply with the bail conditions, a financial condition might provide additional weight to permit the judge to be satisfied the person is more likely than not to comply with the other bail conditions. If a financial condition is imposed the financial condition supporter must acknowledge their responsibility. As release cannot take place until this has been done, judges should be flexible as to how this is achieved and an email or electronic signature should suffice.
88. In all cases, judges must be cautious about imposing a financial condition simply because one is offered. A judge must only impose the minimum bail conditions necessary and do no more because bail conditions are themselves a restriction of liberty.
A good financial condition support may, however, help to tip the balance in favour of release. They should expect that their name, address, and other details may be subject to checks with the police and local immigration teams.
Should visitors act as sureties?
From time to time, someone you are visiting might ask you to act as his or her surety. AVID advises that volunteer visitors do not act as sureties, and we encourage visitor groups policies and code of conduct to express this. This is an important principle of maintaining boundaries in your role as a visitor.
You should speak to the individual’s legal representative if they have one, and your group coordinator, about this request before agreeing to anything. Some visitors groups have clear guidelines about visitors not acting as sureties. As a visitor you should never feel obliged to act as a surety, it is a big responsibility. Before taking on the role of surety you should be entirely clear about the responsibility and liability. You may lose money if the person loses contact with the Home Office. If you agree to act as a surety and this is not in line with the code of conduct of your group, you are undertaking this in a personal capacity rather than as part of the visitors group.
Guidance on Immigration Bail for Judges of the First-tier Tribunal (Immigration and Asylum Chamber). See page 14. https://www.judiciary.uk/wp-content/uploads/2024/03/Guidance-on-Immigration-Bail-for-Judges-of-the-First-tier-Tribunal-Immigration-and-Asylum-Chamber-Presidential.pdf
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