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Factors Affecting Remand in Custody: A Study of Bail Practices in Victoria, South Australia and Western Australia

NCJ Number
185148
Author(s)
David Bamford; Sue King; Rick Sarre
Date Published
1999
Length
107 pages
Annotation
This study explored the factors that affect the rates of remand in custody in Australia, with attention to the environment in which decisions to remand accused persons in custody are made and the outcome of these decisions.
Abstract
The research focused on three jurisdictions: Victoria, South Australia, and Western Australia. Thus far, there has been little research that has attempted to understand the range of factors that affect remand in custody in Australia. This project is designed to fill this research gap by drawing together the analysis of remand-in-custody processes and developing a "blue print" for further research that focuses on variations throughout Australia, as well as assessing best practice in remand decision making processes. Research results show significant differences in remand rates among jurisdictions. Although this study did not identify any single factor that is prominent as an explanation for different rates of remand in custody among jurisdictions, a broader picture of the remand-in-custody process has been developed. The study concludes that remand-in-custody outcomes are the result of a complex interweaving of societal factors and legislative provisions, together with practices and interpretations by bail authorities and other decision makers in a process that begins when a person is first drawn to the attention of police. Recommendations are offered for further research. 6 tables, 23 figures, 116 references and extended bibliography, and appended supplementary information on methodology