Bail decision-making and pretrial services: a comparative study of magistrates courts in four Australian States
Date
2020
Authors
Travers, M.
Bartkowiak Theron, I.
Bond, C.
Colvin, E.
Day, A.
Sarre, R.
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Report
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Abstract
This study suggests a middle way between respecting the presumption in favour of bail and adopting an excessively cautious approach when considering bail. It is proposed that there are two distinct areas of policy that require consideration. Firstly, defendants with vulnerabilities can be offered support to keep them out of prison. Secondly, structured approaches can be employed to assess the risk of bail failure and support decision making.