NCJ Number
27940
Date Published
1971
Length
114 pages
Annotation
AN ANALYSIS OF DEFICIENCIES AND UNEQUAL APPLICATIONS OF THE BAIL SYSTEM IN ENGLAND AND WALES, INCLUDING AN EXAMINATION OF THE EFFECTS OF PRETRIAL CUSTODY ON SUSPECTS.
Abstract
POLICE ARE SAID TO ENJOY ALMOST ABSOLUTE DISCRETION IN SETTING OR REFUSING BAIL IN CASES WHERE THE SUSPECT IS NOT TO APPEAR IN MAGISTRATES COURT WITHIN THE PRESCRIBED TWENTY-FOUR HOURS. BAIL PRACTICES IN MAGISTRATES' COURTS WERE FOUND TO BE NONUNIFORM AND OFTEN IRREGULAR, WITH DEFENDENTS NOT ADVISED OF THEIR RIGHTS. THE POOR AND UNDERPRIVILEGED ARE SAID TO SUFFER FROM INEQUITIES IN SURETY REQUIREMENT PRACTICES AND APPEALS TO JUDGES IN CHAMBERS. REMEDIAL EFFORTS ARE SUGGESTED SO THAT ONLY IN THE FACE OF COMPELLING CIRCUMSTANCES WOULD SUSPECTS BE HELD IN CUSTODY WHILE AWAITING TRIAL. INCREASED LEGAL REPRESENTATION, ISSUANCE OF SUMMONSES, SPECIAL BAIL CONDITIONS, AND CONSIDERATIONS OF BAIL AS A RIGHT RATHER THAN A PRIVILEGE ARE AMONG THE CHANGES SUGGESTED.