The Relevance of Bail Conditions to the Sentencing of Offenders

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Abstract

A fundamental principle of the Australian criminal justice system is that a person accused of committing an offence has a right to remain in the community until a finding of guilt is determined. In this context, the function of bail is to uphold this principle by enabling an accused to be free from custody while awaiting sentence. Bail generally involves a promise by the accused to return to court on a specified date, and that promise may be coupled with a condition or conditions to secure the accused’s attendance. Although the imposition of bail conditions is primarily designed to facilitate the achievement of the objectives of bail, in Australia there has been a movement since the mid–2000s towards requiring an accused to participate in programs that are of a rehabilitative or reformative nature. Further, certain conditions of bail may place significant restrictions on an accused’s liberty that in practice may be as‘onerous’.
Original languageEnglish
Pages (from-to)89-122
Number of pages34
JournalFlinders Law Journal
Volume19
Issue number1
Publication statusPublished - 2017

Keywords

  • sentencing law
  • bail conditions
  • criminal law
  • criminal procedure

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