NCJ Number
133934
Date Published
1991
Length
32 pages
Annotation
A review of the Bail Act 1977 in Australia is provided to assess its effectiveness and impact.
Abstract
The Bail Act of 1977 governs the granting of bail and gives most arrested people a right to bail provided they can meet the conditions set by the bail-granter. However, those accused of certain offenses have to establish special reasons why they should not be held in custody. The Bail Act gives primary responsibility for bail decisions to the courts and bail justices. But the vast majority of bail decisions are made by members of the police force. Two main concerns have been voiced in relation to the operation of the Bail Act. The first is that it leads to far too many people being remanded in custody. The other main concern is that some people are remanded on bail when they should not be. Criticisms of the present bail system are of three main types: criticism relating to the scope of the system; criticisms of the Bail Act itself; and criticisms of the decisions made by the courts in relation to bail. It is recommended that the Bail Act be amended to abolish the practice which requires some accuseds to make a small deposit, since this discriminates against the poor. Also, among the recommendations is to base decisions to grant or refuse bail to people who are awaiting the outcome of a court hearing on the usual criteria. Appendix