Sunday, 7 November 2010

Gaol time - without a conviction !

There is something disturbing about the remand numbers in comparison between New South Wales and Victoria. NSW has over 2500 people on remand. Victoria has less than 1000.

The purpose of remand is to secure a person who the prosecution seriously expects to flee it's jurisdiction, or who is highly likely to commit a further offence.

Unfortunately, it is open to abuse. A person held in prison on remand gets no compensation if they are later put before a judge and jury and acquitted - and about thirty percent of those on remand walk free from trial - and even more who are found guilty are released on a bond.

Police regularly oppose bail for trivial reasons - and prosecutors can delay coming to trial for months - and in some cases years. During such extended remand periods the unfortunate prisoner earns no income - and in many cases is dismissed from whatever job he or she held. This can lead to the loss of property - and even bankruptcy, not to mention family breakdown and divorce.

It seems that remand can be a de facto punishment if the police or prosecution are in a vindictive mood. Our politicians have tightened bail laws to look good to the public, but in doing so they have created a monster that is running out of control in comparison with the other states.

By all means lock up the bad guys - but first make sure that they are promptly put before a court and duly convicted. Remand is merely an end run around that principle !

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