NCJ Number
103686
Date Published
1986
Length
28 pages
Annotation
The administration of the South Australia bail law that took effect in July 1985 needs a comprehensive review and modification, because the law reform has not achieved its goal of reducing discrimination against socially and economically disadvantaged people while still protecting the public.
Abstract
The law replaced and reformed several measures that had been included in other laws. It aimed to provide clear guidelines so that both police and bail authorities would use uniform procedures. However, South Australia continues to have higher custody rates than many other parts of Australia. Evidence also exists that the bail system is still biased against people who are poor or who lack social resources. Several administrative problems are undermining the bill's effectiveness. In particular, bail authorities often continue to impose financial conditions. The system also lacks efficient bail reviews and procedures to ensure that accurate background information is gathered on the financial and social circumstances of bail applicants. Special provisions such as the use of parole officers to supervise bailees and the use of prosecutions for breaches of bail also are not being used enough. Recommended changes include redesigning bail agreement forms, making courts more aware of the option of supervised bail, and revising police standing orders to limit the imposition of financial conditions. Other needed changes are procedures to ensure use of legal aid when appropriate and guidelines for seeking bail reviews. Table, figure, current and proposed forms, a proposed leaflet, and 9 references.