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 or security (i.e. property)with the Court and agreeing to forfeit that money or security if bail is breached. After the Court matter has been finalised, bail will be refunded.

How do you get your security refunded?

1. Money

If your bail agreement includes the deposit of money as a condition, it will be refunded by way of an electronic funds transfer (EFT) to a nominated banking institution. This is irrespective of whether the original Bail deposit was in the form of cash.

At the conclusion of the criminal case or where bail has been revoked, it is possible to seek a refund of the money deposited that was lodged as security by contacting the court registry where the matter was dealt with (even if the money was deposited at the Supreme Court registry). You should speak to that registry about any procedures they have regarding the refunds.

Otherwise, if the refund is being sought from the Supreme Court, an Application for Bail Refund Form should be completed and two forms of ID provided to confirm the identity of the person that the refund is to be made to.

The refund will be returned via electronic funds transfer (EFT).

It is possible to seek to have the money paid to a third party (i.e. a solicitor) and a letter of authority should be included with the application that details the details of the solicitor's trust fund account. Those funds will only be electronically transferred.

2. Property

Sometimes property can be used as a security in bail undertakings where the Court has ordered that appropriate security be deposited. In these cases, a caveat is taken out on the property.

A caveat is a means by which the Court records its interest in the property.

What Next?

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

To have this notification removed when your matter is finalised or where circumstances have changed that allows for the property to be returned, you need to obtain and complete a Withdrawal of Caveat form. This form can be found on the NSW Land Registry Services website.

2. You need to visit the Supreme Court

Attend in person to the Registry of the Supreme Court (Level 5, 184 Phillip Street, Sydney). You will need to bring:

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

If completed correctly, a deputy registrar will sign the Withdrawal of Caveat form. All documentation lodged by you in relation to the property will also be returned.

3. You will need the caveat removed at the NSW Land Registry Services Office

The completed Withdrawal of Caveat Form is to be lodged at the NSW Land Registry Services (1 Prince Albert Road, Queens Square, Sydney).

Please note

There are costs associated with the Document Registration Services associated with this form.

Need Assistance?

Court staff can help you with any forms you might need to complete but they cannot provide any legal advice. If you require any other assistance relating to a bail refunds, you may contact the Supreme Court Bails registry via email.

Last updated:

15 Oct 2023