Skip to main content

Conditional Bail Decision Making in the Magistrates' Court

Buy Article:

$51.00 plus tax (Refund Policy)

Abstract:

Abstract:

Conditional bail is a popular alternative to a remand in custody when magistrates believe a defendant poses a risk if released unconditionally. In the present study, magistrates made bail decisions on systematically designed hypothetical cases. It was found that on average, magistrates attached more than one condition to bail, and they were limited in the types of conditions they imposed. Although there was no difference in the consistency of magistrates' conditional and unconditional bail decisions, magistrates were more likely to disagree on a case when deciding to grant conditional bail, and they were less confident in their conditional bail decisions. In addition, magistrates' imposition of conditions was affected by both legal and extra-legal factors. Implications for enhancing magistrates' performance are discussed.

Document Type: Research Article

DOI: https://doi.org/10.1111/j.1468-2311.2004.00309.x

Affiliations: Research Fellow, City University, London, UK and Assistant Professor, University of Victoria, BC, Canada

Publication date: 2004-02-01

  • Access Key
  • Free content
  • Partial Free content
  • New content
  • Open access content
  • Partial Open access content
  • Subscribed content
  • Partial Subscribed content
  • Free trial content
Cookie Policy
X
Cookie Policy
Ingenta Connect website makes use of cookies so as to keep track of data that you have filled in. I am Happy with this Find out more