The Process is the Punishment
The Case of Bail in New South Wales
Bibliographic Data
| ID | 15310341 |
|---|---|
| Authors | Tracey Booth (0000-0001-5530-021X, University of Technology, Sydney. We would like to thank the anonymous reviewers for their very thoughtful feedback and also, Cathy Anderson, UTS law librarian, for her research support. Any errors remain our own., corresponding author), Lesley Townsley (0000-0001-5206-4055, University of Technology, Sydney. We would like to thank the anonymous reviewers for their very thoughtful feedback and also, Cathy Anderson, UTS law librarian, for her research support. Any errors remain our own.) |
| Year | 2009 |
| Volume | 21 |
| Issue | 1 |
| Pages | 41-58 |
| Publication date | 2009-07-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | Current Issues in Criminal Justice (JOURNAL) |
| Journal identifiers | ISSN: 1034-5329 • E-ISSN: 2206-9542 |
| Publisher | Taylor & Francis (PUBLISHER • GB) |
| DOI | 10.1080/10345329.2009.12035832 |
| OpenAlex | W93133197 |
| Language | EN |
| Citations received | 4 |
| References cited | 5 |
Bail is a most crucial stage of pre-trial procedure for accused persons who are presumed to be innocent. In the context of bail, punitive crime policies in New South Wales have led to the gradual erosion of the presumption in favour of bail in relation to many offences, the conflation of bail conditions and penalty and a steady increase in the number of persons being held as prisoners on remand. Continuing this punitive turn in crime policy, the Bail Act 1978 (NSW) was recently amended by the Bail Amendment Act 2007. It is the amendment in respect of s22A, and in particular the resultant changes to the configuration of bail, that is the subject of this article. It is our contention that s22A is ill thought out and without sufficient empirical foundation. In the absence of a rational base for this law-making, it can be characterised as a blatant ‘get tough’ on crime, law and order strategy that has become all too common
Context (archaeology · Criminology · Law and economics · Political science · Presumption · Punishment (psychology · Punitive damages · Sociology · Crime Patterns and Interventions · Criminal Justice and Corrections Analysis · History · Law · Psychology · Psychopathy, Forensic Psychiatry, Sexual Offending
| Citations per year | 0.31 |
|---|---|
| Citation span | 2013 - 2024 (12) |
| Highly cited | No |