NCJ Number
60447
Date Published
1977
Length
54 pages
Annotation
THE PROBLEMS ASSOCIATED WITH BAIL FOR UNCONVICTED PRISONERS IN AUSTRALIAN JAILS ARE EXAMINED, AND RECOMMENDATIONS FOR REFORM ARE PRESENTED.
Abstract
AT ANY GIVEN TIME, THE PRISONERS IN AUSTRALIA'S JAILS PROBABLY OUTNUMBER THOSE SERVING SENTENCES. MOST ARE BEING HELD FOR A FEW HOURS OR OVERNIGHT BEFORE THEY APPEAR IN COURT, BUT MANY FACE WEEKS OR MONTHS IN CUSTODY BEFORE THEIR TRIAL IS HELD. THE POOR, THE YOUNG, AND THE MIGRANT COMMUNITY ARE SIGNIFICANTLY OVERREPRESENTED AMONG AUSTRALIA'S UNCONVICTED PRISONERS. AUSTRALIAN STATES ARE STILL USING BAIL SYSTEMS ESTABLISHED AT THE TURN OF THE CENTURY AND DEVISED IN THE ANTIQUITY OF ENGLISH COMMON LAW. THESE WERE NEVER FAIR OR ADEQUATE PROCEDURES, AND THEY ARE BECOMING MORE MANIFESTLY UNACCEPTABLE AS AN INCREASE IN THE NUMBER OF PEOPLE ENTERING THE COURTS COMBINES WITH A GENERAL MOVE AWAY FROM IMPRISONMENT AS THE MAJOR FORM OF PUNISHMENT. YET COURTS AND LEGISLATURES HAVE DECLINED TO INTRODUCE EVEN THE MOST MARGINAL AND OBVIOUS REFORMS. REFORM IN THE AREA OF GROUNDS FOR RELEASE SHOULD INCLUDE (1) CODIFICATION OF THE COMMON LAW CRITERIA GOVERNING BAIL DECISIONS, WITH BAIL BEING BASED ON THE FOLLOWING FACTORS: PROBABILITY OF APPEARANCE, THE INTERESTS OF THE ACCUSED, AND THE PROTECTION OF THE COMMUNITY; (2) ADEQUATE REVIEW OF BAIL DECISIONS; AND (3) ENACTMENT BY ALL STATES AND TERRITORIES OF A GENERAL PRESUMPTION FAVORING RELEASE TO ENSURE THAT PERSONS ARE NOT IMPRISONED MERELY BECAUSE THEY FAIL TO ASK FOR BAIL. RECOMMENDATIONS ARE ALSO OFFERED IN THE AREAS OF STATISTICS ON UNSENTENCED PRISONERS, SUMMONS PROCEDURES, AND THE ACTIONS OF POLICE AND COURTS IN BAIL MATTERS. (RCB)