When bail is granted to an accused, there are often conditions that are placed on the bail undertaking. One of these conditions is the deposit of a sum of money or security.
How to obtain a refund for a bail monetary deposit?
You must collect a ‘bail refund letter’ from the Court where the charges were finalised and not where the bail application was heard. You can then ask the Court to forward the ‘bail refund letter’ to the Supreme Court of NSW.
Once the Supreme Court has received the letter, you must go there to collect the refund in person which is always issued by way of cheque (Bail Matters Counter, Level 4).
You will need to take the original receipt for your bail and two forms of identification which show your signature.
You can also request to collect the bail refund from your nearest Local Court by writing to the Bails Clerk at the Supreme Court in Sydney. Make sure you attach a copy of your bail refund letter if you have it.
At the local court, you will still need to present the original receipt for your bail and two forms of identification which show your signature.
How to reclaim property?
When property is provided as security, a caveat is placed over the property. The caveat means that the Court has recorded its interest in your property. It prevents a dealing from being registered over the property until it is formally withdrawn.
In order to withdraw the caveat, you will need to complete the ‘Withdrawal of Caveat Form’ which can be obtained from a legal stationary outlet or the Supreme Court Bails Matters Counter.
You will need to send in your ‘bail refund letter’ to the Supreme Court. Upon receipt of this document you will need to visit the Supreme Court and take with you the ‘Withdrawal of Caveat Form’ and two forms of identification showing your signature.
The documentation you will receive from the Court then needs to be taken to the Land Titles Office, Queens Square, Sydney. This is where you will have the caveat removed.
What if you are unable to collect?
If you cannot collect the refund, you can authorise a person in writing stating your permission for them to collect the bail. It needs to be signed by yourself and the person collecting the security. That person needs to take the letter of authority and two forms of identification with their signature.
Nyman Gibson Miralis has over 50 years of experience in successfully obtaining bail for clients across all areas of criminal law.
Contact us if you require assistance.