NCJ Number
16495
Date Published
1970
Length
117 pages
Annotation
RECOMMENDS CLEARER GROUNDS ON WHICH BAIL CAN BE REFUSED, A STANDARD SYSTEM OF INFORMATION ON THE ACCUSED UPON WHICH BAIL DECISIONS WILL BE MADE, AND A PROCEDURE FOR INFORMING ACCUSED PERSONS OF RIGHTS TO BAIL APPLICATION.
Abstract
THE RISK OF NON-APPEARANCE AT TRIAL, THE LIKELIHOOD OF A REPETITION OF THE OFFENCE, AND EVIDENCE THAT THE COURSE OF JUSTICE MIGHT BE IMPEDED ARE THE RECOMMENDED GROUNDS FOR REFUSING BAIL TO AN ACCUSED PERSON. THE RISK OF NON-APPEARANCE AT TRIAL WOULD BE MEASURED BY THE LACK OF COMMUNITY TIES, NATURE AND SERIOUSNESS OF THE OFFENSE, AND THE STRENGTH OF THE PROSECUTION EVIDENCE. THE LIKELIHOOD OF A REPETITION OF THE OFFENSE WOULD BE ASSESSED ACCORDING TO THE NATURE AND SERIOUSNESS OF THE OFFENSE, DEFENDANT'S PREVIOUS CRIMINAL RECORD, AND OFFENCES COMMITTED ON BAIL. EVIDENCE THAT THE COURSE OF JUSTICE MIGHT BE IMPEDED WOULD REST ON THE NATURE AND EXTENT OF REMAINING INVESTIGATIVE WORK IN THE CASE AND LIKELY THREATS TO WITNESSES. IT IS SUGGESTED THAT WHEN MAGISTRATES HAVE REACHED A DECISION TO REMAND A PERSON IN CUSTODY THAT THEY BE REQUIRED TO STATE THE REASONS FOR THEIR DECISION. IT IS URGED THAT DEFENDANTS BE MADE FULLY AWARE OF THEIR RIGHT TO APPLY FOR BAIL AND THAT LEGAL REPRESENTATION BE OBTAINED PRIOR TO APPLYING FOR BAIL. DATA FROM A THOROUGH STUDY OF RURAL AND URBAN REMANDING PATTERNS ARE INCLUDED, AND THE SECTION ON BAIL IN THE 1967 CRIMINAL JUSTICE ACT IS DISCUSSED.