NCJ Number
92024
Journal
Contemporary Crises Volume: 7 Issue: 4 Dated: (1983) Pages: 329-352
Date Published
1983
Length
24 pages
Annotation
This paper explores the dynamics of bail reform legislation in England, with particular attention to economic influences on state policymaking.
Abstract
The first section explores theoretical problems associated with the emergence of bail reform, notably the decarceration debate which focuses on the denial of bail and consequent detention as punishment. The next section outlines the impact on bail policy of the perspectives of the 'due process' and 'crime control' models of criminal justice. Then bail practice in Britain from 1967 through 1974 is reviewed, followed by an examination of the Bail Act of 1976, which embodied 'due process' values associated with bail with little expression of 'crime control' interests. Discussion then turns to the influence of bureaucratic interests and the economies of bail and jail upon the passage of the 1976 Bail Act. Particular attention is given to the postures toward the act of the major state bureaucracies of the Treasury, the Home Office, and the Department of Health and Social Security. A case is made for the passage of the Bail Act being strongly influenced by a state economic crisis which could not bear the cost of the extensive use of detention due to a high percentage of bail denials. A total of 101 notes are listed.