A bail surety is also called a ‘security.’ This can be an accused person or an acceptable person deposits to the Court as part of their bail conditions.
A Court will only impose a bail security condition like this if there is a bail concern that the accused person will fail to appear in Court if released on bail.
A person may become a bail surety or guarantor if a magistrate, judge, or justice of the peace approves them as suitable and of suitable character.
The authority may look at their relationship with the accused and their ability to provide bail security.
To be a surety, you need to:
If you believe the defendant is likely to breach the bail undertaking and not turn up to Court, you should notify a police officer and apply to the Court to be discharged from your obligations as a surety.
Applying to the Court for discharge as a surety involves the following:
The Court registry will usually issue a receipt for bail bond money/security payment.
Once the case has been finalised, a surety may ask for a refund of the bail money. To do this, the surety or person authorised by the surety must:
If you still have issues with getting your money back, contact your lawyer and ask for assistance.