NCJ Number
66755
Date Published
1979
Length
139 pages
Annotation
THE WESTERN AUSTRALIA LAW REFORM COMMISSION PRESENTS RECOMMENDATIONS FOR SEPARATE BAIL LEGISLATION TO DEAL WITH ALL ASPECTS OF BAIL FOR A DEFENDANT AT ALL STAGES OF CRIMINAL PROCEEDINGS, FROM ARREST TO FINAL OUTCOME.
Abstract
THE CONTENT OF SUCH SEPARATE BAIL LEGISLATION COVERS THE ESSENTIAL MATTERS OF CLARIFICATION OF THE AUTHORITY TO GRANT BAIL, CREATION OF A QUALIFIED RIGHT TO BAIL FOR ALL OFFENSES, AND CLARIFICATION OF THE GROUNDS FOR REFUSING BAIL. OTHER IMPORTANT ELEMENTS INCLUDE THE ESTABLISHMENT OF PROCEDURES TO ENABLE RELEVANT INFORMATION TO BE MADE AVAILABLE TO BAIL DECISIONMAKERS AND DEFENDANTS, CLARIFICATION OF THE CONDITIONS UPON WHICH BAIL MAY BE GRANTED, AND A REVIEW OF THE ROLE OF SURETIES, AS WELL AS A CLARIFICATION OF PROCEDURES FOR THE REVIEW OF BAIL DECISIONS. IT WAS SUGGESTED THAT A NUMBER OF MEASURES TO IMPROVE THE OPERATION OF THE BAIL SYSTEM COULD BE IMPLEMENTED IN OTHER WAYS. MEASURES SUCH AS THE INCREASED USE OF SUMMONS PROCEDURES, BOTH IN LIEU OF AND FOLLOWING ARREST, AND THE INTRODUCTION OF BAIL HOSTELS TO ENSURE THAT PRETRAIL DETENTION IN CUSTODY BE KEPT TO A MINIMUM, AND IN IMPROVED CONDITIONS, COULD BE IMPLEMENTED THROUGH ADMINISTRATIVE DIRECTIONS OR BY LEGISLATION OTHER THAN THAT IN THE PROPOSED BAIL ACT. THE REPORT INCLUDES FOOTNOTES AND APPENDIXES OF VARIOUS FORMS AND A LIST OF PERSONS WHO COMMENTED ON A COMMISSION WORKING PAPER. (AUTHOR ABSTRACT MODIFIED--PRG)