Cash surety relates to bail proceedings in criminal cases.
When someone is charged with a criminal offence (‘the accused’) and refused Police bail, they may be granted bail by the Court, which entitles them to be at liberty and released from custody pending their proceedings.
A condition of bail may require security, including cash, to be provided for compliance with a bail acknowledgement.
Cash surety, which is also known as cash bail, is a form of bail where the accused, or one or more acceptable person(s), deposit a specified amount of money as a guarantee that they will comply with the conditions and attend future Court dates. The amount of acceptable surety is determined by the Court. If the accused fails to appear in accordance with their bail acknowledgment or breaches any conditions of their bail, the cash surety may be forfeited by the Court.
For NSW matters, the Court will determine who are acceptable person(s) after they complete the ‘Application to be Acceptable Person’ form(s) located on the Court registry websites or at the registry counters. This requires that the acceptable person(s) does not have a criminal record and has not been bankrupt.
The deposit of cash surety can be in the form of cash or bank cheque but not a personal cheque. In most cases, the Court will require evidence shown through bank statements of the cash having been in in the acceptable person(s) bank account for 7-10 days prior to lodgement.
Once the money is deposited, it is held until the finalisation of the case and a receipt must be generated.
Importantly, the process for each bail may vary depending on the specific circumstances of the case and the discretion of the Court. We recommend you seek legal advice with our office prior to lodging a bail application.
Should you or someone you know be charged with a criminal offence, it is crucial you receive legal advice from an experienced criminal defence lawyer at any early stage. To discuss your options, call Hugo Law Group in Sydney NSW (02 9696 1361), to make an appointment to speak to one of our lawyers.
