USE OF BAIL AND CUSTODY BY LONDON MAGISTRATES' COURTS BEFORE AND AFTER THE CRIMINAL JUSTICE ACT 1967

• NCJ Number: 51437
• Author(s): F SIMON; M WEATHERITT
• Date Published: 1974
• Length: 85 pages
• Corporate Author: Her Majesty's Stationery Office
• Sale Source: Her Majesty's Stationery Office
• Publication Type: Report (Study/Research)
• Language: English
• Country: United Kingdom
• Note: HOME OFFICE RESEARCH UNIT REPORT

Annotation

THE PROPORTION OF DEFENDANTS IN VARIOUS CATEGORIES WHO WERE GRANTED BAIL BY MAGISTRATES BEFORE AND AFTER THE ACT IS DETERMINED, AS WELL AS OTHER FACTORS THAT CORRELATE WITH THE GRANTING OF BAIL.

Abstract

THIS STUDY CONSIDERS THE IMPACT OF SECTIONS 18-23 OF THE CRIMINAL JUSTICE ACT 1967, WHICH AMENDED MUCH OF THE LAW UNDER WHICH MAGISTRATES' COURTS IN ENGLAND COULD GRANT BAIL TO PARTIES AWAITING TRIAL OR SENTENCING. THE INTENT OF THE ACT IS THAT CUSTODIAL REMANDS SHOULD BE USED MORE SPARINGLY. DETAILED PROVISIONS OF THE ACT ARE PRESENTED. THE STUDY WAS CONFINED TO LONDON, WHERE ALL ARREST CASES PROCESSED BY 15 MAGISTRATES' COURTS IN JANUARY 1966 AND JANUARY 1969 IN WHICH THE DEFENDANT WAS REMANDED OR COMMITTED FOR TRIAL OR SENTENCE WERE EXAMINED. THE SAMPLE OF DEFENDANTS WAS 945 IN 1966 AND 1,423 IN 1969. THE FIRST ANALYSIS IDENTIFIED AMONG THE 1966 SAMPLE THOSE CASES FOR WHICH, IF THE ACT HAD BEEN THEN IN OPERATION, BAIL WOULD HAVE BEEN MANDATORY. RESULTS SHOWED THAT THE CATEGORIES FOR WHICH BAIL IS MANDATORY UNDER THE ACT CONTAINED ONLY A MINORITY OF PEOPLE FOR WHOM MAGISTRATES GRANTED BAIL, AND MOST OF THEM WERE GETTING BAIL IN 1966. PERSONS FOR WHOM BAIL WOULD HAVE BEEN DISCRETIONARY SHOULD THE ACT HAVE APPLIED IN 1966 FORMED 75 PERCENT OF THE SAMPLE. THIS PERCENTAGE WAS APPROXIMATELY THE SAME FOR THE 1969 SAMPLE. STILL, THERE WAS A SUBSTANTIAL INCREASE IN THE GRANTING OF BAIL IN DISCRETIONARY CASES BETWEEN THE TWO SAMPLE YEARS. SINCE THE INCREASE CAME PRINCIPALLY IN CASES WHERE THE ACT GRANTS MAGISTRATES DISCRETIONARY POWER TO GRANT BAIL, IT IS CONSIDERED THAT THE CHANGING INFLUENCE OF PUBLIC OPINION AFFECTED THE RATE CHANGE MORE THAN THE PROVISIONS OF THE ACT. FACTORS RELATED TO THE GRANTING OF BAIL, THE OUTCOME OF CASES GRANTED BAIL COMPARED TO THOSE INVOLVING CUSTODY, PATTERNS OF USE OF SURETIES, THE AMOUNT OF BAIL MONEY REQUIRED, SPECIAL CONDITIONS OF BAIL, BAIL JUMPING, TIME SPENT ON REMAND AND COMMITTAL, AND REMANDS FOR MEDICAL REPORTS ARE ALSO SUBJECTS CONSIDERED IN THE STUDY. THE APPENDIXES CONTAIN THE DATA OBTAINED FROM THE STUDY. (RCB)