NCJ Number
172663
Journal
Howard Journal of Criminal Justice Volume: 36 Issue: 2 Dated: (May 1997) Pages: 129-145
Date Published
1997
Length
17 pages
Annotation
A recent study conducted in South Wales, England, suggests variations in the use of bail by magistrate courts could not be fully accounted for by differences in the cases heard.
Abstract
The research was carried out in three South Wales magistrate courts between 1990 and 1993. Magistrate remand hearings were observed over a 4-month period, a sample of court registers detailing magistrate remand decisions over the same period was analyzed, and a sample of 60 professional participants in the remand process completed questionnaires and interviews. Results showed significant variations in the use of bail by magistrate courts occurred that could not be fully explained by differences in the cases heard. The Crown Prosecution Service (CPS) played a significant part in remand hearings by making remand requests in the majority of cases, and these requests had a significant influence on magistrate remand decisions. Overall, the CPS made a remand request in 60 percent of cases. Differences between magistrate courts were also noted with respect to the proportion of defendants at risk of custody who made bail applications and with respect to study participant perceptions of court custody rates. Comments made in interviews suggested court culture, perpetuated by the practices of all those involved, affected study participants. The author concludes variations in the use of bail by magistrate courts can be explained by court culture. 27 references, 10 notes, and 4 tables