NCJ Number
61261
Date Published
1977
Length
107 pages
Annotation
THIS AUSTRALIAN JOURNAL FOR LEGAL PROFESSIONALS PRESENTS THE 1977 PROCEEDINGS OF THE INSTITUTE OF CRIMINOLOGY, SYDNEY UNIVERSITY, ON BAIL AND BAIL REFORM IN NEW SOUTH WALES (NSW).
Abstract
A PAPER PRESENTED AT THIS SEMINAR INDICATES THAT THE BAIL PROBLEMS OF THE ACCUSED ARE ACCENTUATED BY COURT CONGESTION AND TRIAL DELAYS. GRANT OR REFUSAL OF BAIL IS A MATTER OF JUDICIAL DISCRETION, BASED ON THE OPPORTUNITY FOR THE ACCUSED TO ESCAPE, PROBABILITY THAT HE WILL APPEAR FOR TRIAL, THE NATURE OF HIS CRIME AND POSSIBLE PUNISHMENT, AND THE LIKELIHOOD THAT HE WILL COMMIT MORE CRIMES WHEN RELEASED. BAIL ISSUES AND JUDGES' RECOMMENDATIONS ARE LISTED. THE POLICEMAN'S VIEW OF BAIL DESCRIBES LAW ENFORCEMENT OFFICERS' PREDICAMENT IN ENSURING PUBLIC SAFETY WITHOUT INFRINGING ON THE RIGHTS OF INDIVIDUALS, SINCE POLICE OFTEN GRANT OR RECOMMEND BAIL. POLICE AGREE ON THE NEED FOR UNIFORM NSW BAIL CODE SINCE STUDIES INDICATE THAT MANY OF THE JAILED WHO ARE REFUSED BAIL OR CANNOT PAY ARE ACCUSED OF ONLY MINOR CRIMES AND ARE NOT A THREAT TO THE COMMUNITY, WHEREAS BAIL IS TOO OFTEN GRANTED TO THOSE ACCUSED OF SERIOUS OFFENSES. BAIL SHOULD BE GRANTED ACCORDING TO THE ABILITY TO PAY. ARTICLES ON ABSCONDING FROM BAIL AND BAIL LAW REFORM REPORT THAT ABSCONDING WHILE ON BAIL IS INCREASING, SUGGESTING THAT IT SHOULD BE MADE A SEPARATE OFFENSE. A RECENT BILL ORDERS THAT PRISONERS BE ADVISED OF THEIR RIGHTS AND UNIFORM CRITERIA FOR BAIL BE ESTABLISHED. RECENT BAIL STUDIES ARE ALSO COVERED. FOOTNOTES ARE INCLUDED. (PAP)