Supreme Court > Practice & procedure

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Bail Refund Procedures

 
Bail is an agreement to attend court to answer a criminal charge. It can be granted at any stage of criminal proceedings. Often, when bail is granted, a number of conditions are applied to the bail undertaking. These can include surrendering a passport or agreeing to report to police on a regular basis. A well known condition is requiring the deposit of a sum of money with the Court and agreeing to forfeit that money if bail is breached.
 

After the Court matter has been finalised, bail will be refunded.

    ​How do y​​ou get yo​ur refund?

     

    Cash & Cheques

    If your bail agreement includes the deposit of money as a condition, it will be refunded by way of a cheque, even if it was originally deposited in cash, when the matter is finished.

    How do you get your money back?

    1. You need a bail refund letter.

    The first thing you need is a bail refund letter. You can collect your bail refund letter by contacting the Court where your charges were finalised. (Not where your bail application was heard.)

    You can request the Court where your matter was finalised to fax or send the bail refund letter to the Supreme Court. The Supreme Court fax number is 9230 8060.

    2. You need to visit the Bails Matters Counter or make a request for collection at your closest Local Court.

    When the Supreme Court receives your bail refund letter, you will need to either claim your refund in person at the Supreme Court or elect to collect from your nearest Local Court.

    The Supreme Court Bails Matters Counter is located on the 4th floor of the Law Courts Building, Queens Square, Sydney. You will need to bring with you:

    • the original receipt for your bail, and
    • two forms of identification which show your signature.

    If you wish to collect your bail refund from your nearest Local Court, please write to the Bails Clerk, Supreme Court, GPO Box 3, Sydney with your request. You will need to attach a copy of your bail refund letter if you have it. When the Supreme Court has received your request, your bail refund will be sent to the Local Court you have nominated. It will be approximately 7-10 days before the refund is available. When you attend the Local Court you have nominated for collection of your bail refund, you will still need to present the original receipt for your bail and two forms of identification which show your signature.

    Property

    Sometimes property can be used as a security in bail undertakings. In these cases, a caveat is taken out on your property. A caveat is a means by which the Court records its interest in your property. To have this notification removed when your matter is finalised, you need to get a bail refund letter from the Court where your charges were finalised. This needs to be sent to the Supreme Court or faxed to it on 9230 8060.

    What next?

    1. You will need to complete the Withdrawal of Caveat form.

    If a caveat has been placed over the property, you will need to complete a Withdrawal of Caveat form. These forms can be purchased from a legal stationery outlet or the Supreme Court Bails Matters Counter for a small fee.

    2. You need to visit the Supreme Court

    Once the Supreme Court has received your bail refund letter, and you have completed your Withdrawal of Caveat form, come in person to the Supreme Court Matters Counter. This is located on the 4th floor of the Law Courts Building, Queens Square, Sydney. You will need to bring with you:

    • your completed Withdrawal of Caveat form, and
    • two forms of identification which show your signature.

    A deputy registrar will sign the Withdrawal of Caveat form. All documentation lodged by you in relation to bail will be returned.

    3. You will need the caveat removed at the Land Titles Office

    You need to take your bail documentation and Withdrawal of Caveat, all which have been signed by the deputy registrar, to the Land Titles Office, Queens Square, Sydney. (The Land Titles Office is on the opposite side of Macquarie Street to the Law Courts Building.) This is where you will have your caveat removed.

    Can't pick up your security in person?

    If you are unable to go to the Supreme Court in person and would like another person to collect the refund on your behalf, you will need to provide that person with a letter which clearly states you have given them your permission to collect the bail. You will need to sign the letter of authority and so will the person collecting your security. Bail will not be refunded to a person representing you without:

    • a letter of authority signed by both you and that person, and
    • your representative providing two forms of identification which shows her or his signature.

    Need further assistance?

    If you are unable to complete the Withdrawal of Caveat form, you may be able to seek assistance from Court staff at the Bail Matters Counter, on Level 4 of the Law Courts Building in Queens Square.

    Court staff can help you with any forms you might need to complete but they cannot give you legal advice. If you require any other assistance relating to a bail refund , call the Supreme Court Bails clerk on 02 9230 8045 or 9230 8712