Remand in Custody: A Statistical Overview of Custodial Remand in South Australia

• NCJ Number: 178545
• Author(s): Jayne Marshall; Mike Reynolds
• Date Published: 1998
• Length: 86 pages
• Sale Source: South Australia Office of Crime Statistics and Research
• Publication Format: Document
• Publication Type: Survey
• Language: English
• Country: Australia

Annotation

In examining remand in custody issues in South Australia, this report specifically looks at the remand process, ways of measuring remand decisions and remand in custody, statistics on remand in custody in South Australia and other Australian jurisdictions, factors that influence the number of persons remanded in custody, and alternatives to remand in custody.

Abstract

The report indicates the majority of cases before the Magistrates Court did not involved a bail or custodial remand decision in 1997. Of all cases finalized in the Magistrates Court, 71.5 percent involved defendants where bail or remand in custody was not required. The percentage of defendants making their final court appearance from bail or custodial remand varied according to the number of court hearings required to finalize the case, and the number of defendants subject to a bail agreement or remanded in custody increased for cases referred to the District Court or the Supreme Court. Of 958 defendants remanded in custody at their final Magistrates Court appearance, 21.3 percent were charged with an offense against the person, 20.3 percent were charged with larceny and receiving, and 19.3 percent were charged with burglary. Of 329 defendants remanded in custody at their final appearance in the District Court or the Supreme Court, 24.3 were charged with an offense against the person, 21.3 percent were charged with robbery and extortion, and 11.9 percent were charged with sexual offenses. Between 1994 and 1997, custodial remandees were less likely to be found guilty in the Magistrates Court but were more likely to be committed to a higher court for trial or sentencing. Relatively few defendants who were not in custody at their final Magistrates Court appearance received a custodial sentence. In general, defendants who were remanded in custody at their final court appearance received longer imprisonment terms than defendants appearing from bail. Details are provided on the remand process, remand prisoners, the custodial remand rate, remand prisoner projections, remand intake, time on remand, the relation between remand intakes and number of remand prisoners, and factors potentially affecting the number of remand prisoners. Case studies are included to illustrate the wide variety of reasons for remand in custody, and planned future research on custodial remand is noted. 12 references, 14 tables, and 23 figures