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KSTGeneral information, not legal advice
Synthetic · simulationNot a real case

Which events require a deposit or security to be returned, and what starts the period within which the return must be made?

General information · Not legal advice

Material to check

In the practice file of this exercise, we read the order cancelling detention or bail, any record showing that the detention warrant's effect has expired, the document making the claim for return with its filing stamp fixing the date, and any record showing forfeiture of the deposit.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading takes the scope literally: the provision reaches only a deposit or security that was not forfeited, so any forfeited part falls outside it, and on cancellation of detention or bail, or on expiry of the detention warrant's effect, the part not forfeited must be returned.

Another reading focuses on when the duty arises: the period runs from the day the claim was made, so until a claim is lodged no return falls due, and the provision names neither the body that must return the deposit nor the person who may make the claim.

Your judgment

Once the file shows detention cancelled, which paper establishes the day the claim was made, and against which office was that claim directed?

PRO SE does not make this decision or keep a case record on this public site.

When to reconsider

We look at this again if the provision is amended to name the body that must return the deposit or to start the period from the cancellation rather than the claim, or if a court decision explains who may make the claim.

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