The Imposition of Conditions in Bail Decisions: From Summary Punishment to Better Behaviour on Remand

Abstract

Abstract: This article reports results from research on the effects of imposing conditions on defendants' bail. The research, which involved interviews with defendants, magistrates, police and probation officers, prosecuting and defence solicitors, explored the process of decision, the pattern of use of conditions, defendants' perceptions and responses while on bail, and reasons for these. The article concludes by highlighting priorities for more effective use of conditions; these including better monitoring and enforcement of the conditions imposed, more information to decision makers on the impact of different conditions, greater clarity of purpose in the decision process and greater consistency with the spirit and principles of the Bail Act.