NCJ Number
103101
Date Published
1987
Length
4 pages
Annotation
Until some administrative problems are resolved, bail reform in South Australia will not end inadvertent discrimination against the poor.
Abstract
South Australia's 1985 Bail Act provides a framework for reducing the use of monetary bail and sureties to ensure that poor defendants are not disadvantaged in bail decisions. The act establishes a hierarchy of bail types, with preference given nonfinancial bail conditions. A review of the first 12 months of the new system's operation was conducted to assess its impact. Statistics on the number of unsentenced inmates detained in South Australia indicates that the act significantly reduced the number of such inmates for 2 months after the act was implemented, but the number of remandees increased to record levels by March 1986. These findings suggest that although the legislation has set new bail priorities, administrative procedures perpetuate the old bail decisionmaking criteria. Forms used both by police and in criminal courts of summary jurisdiction give priority to cash bail and monetary recognizance, with other types of bail conditions listed last. Police standing orders on bail should be revised to make it clear that financial conditions should only be used as a last resort. Further, the Correctional Services Department, legal aid organizations, and the Courts Services Department should ensure that appropriate authorities are informed as soon as a defendant is remanded in custody due to failure to satisfy a financial condition, so that the case is returned to court for a review.