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PROBLEM OF BAIL - A POLICEMAN'S VIEW

NCJ Number
48552
Journal
Australian Police Journal Volume: 32 Issue: 2 Dated: (APRIL 1978) Pages: 93-100
Author(s)
L STIRTON; R P MORRISON
Date Published
1978
Length
8 pages
Annotation
THE INADEQUACIES OF THE BAIL SYSTEM IN NEW SOUTH WALES, AUSTRALIA, ARE DISCUSSED, AND UNIFORM BAIL LEGISLATION IS URGED IN ORDER TO PROTECT THE PUBLIC FROM CRIME COMMITTED BY 'PROFESSIONAL' CRIMINALS RELEASED ON BAIL.
Abstract
A MAJOR DEFICIENCY IN THE AUSTRALIA BAIL SYSTEM IS THE ABILITY OF THE PROFESSIONAL CRIMINAL, IF DENIED BAIL, TO GO FROM JUDGE TO JUDGE AND REAPPLY FOR BAIL, LITERALLY UNCHECKED BY THE PROSECUTION. THUS, THE DEFENDANT'S AVENUES FOR SECURING BAIL ARE OFTEN MULTIPLIED, WHILE THE STATE'S ABILITY TO BLOCK BAIL OR APPEAL A BAIL DECISION ARE HAMPERED. ANOTHER PROBLEM LIES IN THE FACT THAT PROFESSIONAL CRIMINALS ARE OFTEN SUPPORTED BY AN ORGANIZATION OF FELLOW CRIMINALS WHO CAN SECURE THE LARGE SUMS OF MONEY REQUIRED FOR RELEASE PENDING TRIAL ON SERIOUS CHARGES. PROFESSIONAL CRIMINALS ALSO COMMIT CRIMES AT A FASTER PACE THAN DO ORDINARY OFFENDERS, EITHER TO OBTAIN MONEY FOR SUPERIOR LEGAL REPRESENTATION OR TO SUPPORT THEIR FAMILIES SHOULD THEY BE CONVICTED. PROFESSIONAL CRIMINALS ALSO KNOW THAT THEY WILL PROBABLY RECEIVE NO MORE SEVERE A SENTENCE WHETHER THEY HAVE COMMITTED 5 OR 50 OFFENSES, SO WHEN GRANTED BAIL, THEY MAY CONTINUE TO COMMIT CRIMES OF A SERIOUS NATURE. ALTHOUGH IT IS RECOGNIZED THAT PROTECTION IS NECESSARY WITH REGARD TO THE LIBERTY OF THE ACCUSED, SOME CONSIDERATION SHOULD BE GIVEN TO THE VICTIM AND FUTURE VICTIMS, AND LEGISLATION SHOULD BE ADOPTED IN THE FORM OF A BAIL ACT THAT WOULD ASSURE UNIFORMITY IN THE GRANTING OF BAIL IN NEW SOUTH WALES. (FCW)

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