Tuesday 6 October 2009

The reality of bail laws.

Bail has always been a contentious issue. People on bail who commit further offences draw criticism - and demands that the bail laws be tightened.

Recent research by the Youth Justice Coalition show that 90% of juveniles held on remand had actually been granted bail - but were kept under lock and key because they were unable to meet their conditions of bail.

One of the usual bail requirements demands the offender reside at an approved place of abode. In many instances that person is homeless and therefore the only place the court can approve would be a refuge bed - and these are scarcer than hen's teeth !

When a refuge bed is available, it is usually only for a very short time - and in many cases merely overnight. The moment that happens the offender is again homeless - and in breach of bail conditions - and back under lock and key.

This anomaly places pressure on the remand accommodation available and we have the situation of overcrowding and intimidation. It becomes a vicious circle and prison remand has long been dubbed " the university of crime ".

Many people despaired when " Keelong " detention centre in Wollongong was closed. It now sits idle, but it would have made a great addition to the availability of refuge beds had it been transformed to that task.

It could have served as a kind of " half-way house ". A dedicated source of welfare beds for those on bail accused of a crime, but also a place where offenders either remained on their best behaviour - or lost the privilege of being free.

Instead, we have the worst of both worlds

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