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Since bail legislation was enacted in the 1970s, Australia has experienced a continual increase in the number of prisoners on remand. Amendments to bail legislation and police discretion have been shown to contribute to this increase. Further, an accused’s vulnerability affects whether they are granted or denied bail, with vulnerable people being more likely to be denied bail. Vulnerability in the criminal justice system refers to factors such as race, age, sex and socioeconomic status. Many vulnerable people have multiple intersecting vulnerabilities, which further compounds their contact with the justice system. This study employed a qualitative content analysis of bail legislation for the Australian states of New South Wales (NSW), Tasmania, and Victoria, along with key correlating second reading speeches. The aim was to better understand the way in which bail decision-makers, such as police, consider vulnerability when making decisions about bail, in particular, if and how they are legislated to consider factors relating to vulnerability. The research found that only police in NSW and Victoria were required to consider an accused’s vulnerability explicitly under the law. Although legislation may cater for varying vulnerabilities, intersecting vulnerabilities are not considered.

In this paper we seek to review the rapid rise in remand in custody rates in Australia. In particular, and in response, we ask and discuss three specific questions: 1. To what extent do defendants applying for bail have vulnerabilities? 2. To what extent can risk analysis tools that seek to predict breach of bail terms be relied upon? 3. To what extent can the emerging pre-trial services programs in Australia reduce remand in custody populations?

The current study examines the factors underlying pathways from out-of-home care into the criminal justice system. Using a multi-method approach—specifically, court observations, file reviews and qualitative interviews—we found evidence of how histories of trauma and situational factors relating to the care environment interact to increase criminalisation. While many policy initiatives have been developed to address this criminalisation, in all parts of our study we found little evidence these are having an impact on practice in relation to care-experienced children. Some innovations we observed in our United Kingdom case study offer potential solutions to address this serious and ongoing problem.

Vulnerability is a widely used but contentious concept used by welfare practitioners to understand disadvantaged groups. The chapter examines responses in criminal courts to “vulnerable” defendants at the pretrial stage drawing on quantitative and qualitative data obtained from observing 150 bail applications. The quantitative data indicates that in half of the applications a vulnerability was either relevant to the decision or mentioned by a practitioner. Through looking at transcripts from hearings, the chapter teases out some of the complexities in responses to both individual vulnerabilities (such as having a drug problem) and structural inequalities such as youth, indigeneity and poverty.

Many progressive reforms and initiatives are happening in criminal courts at a time when the imprisonment rate is rising. This chapter locates these developments as part of debates that started in the eighteenth century on whether the criminal justice system should be concerned with punishing rational offenders or assisting those not responsible for their actions. Restorative justice involves defendants being diverted to conferences in which they apologize to victims. Therapeutic jurisprudence gives judicial officers a healing role in conducting legal proceedings. A third movement, pretrial services, is less well known but has even greater potential to transform the criminal justice system. This chapter provides a critical overview, considering costs and benefits.

This article examines the New South Wales Joint Protocol to Reduce the Contact of Young People in Residential OOHC with the Criminal Justice System (2016 ) from the perspective of residential out-of-home-care providers, police, lawyers and departmental staff involved in the child welfare and criminal justice systems in New South Wales.

Evidence from both Australian and international jurisdictions show that children in residential care are over-represented in the criminal justice system. In the current study, we interviewed 46 professionals who had contact with young people in residential care settings in New South Wales, Australia. Our sample included police officers, residential care service providers, legal aid lawyers and juvenile justice workers, about their perceptions of the link between residential care and contact with the criminal justice system. Factors identified by the participants included the care environment itself, use of police as a behavioural management tool, deficient staff training and inadequate policies and funding to address the over-representation. These factors, combined with the legacy of Australia’s colonial past, were a particularly potent source of criminalisation for Aboriginal children in care.

This article presents qualitative data from interviews with 46 welfare and justice professionals to examine the criminalisation of children who go missing within the Out‐Of‐Home‐Care (OOHC) residential environment. Participants had specific experience with children living in residential facilities, either through the direct provision of care services, the development of OOHC policy initiatives or through their role as law enforcement, legal or justice personnel. The research found that agency practices, which were designed to protect children, actually serve to conflate going missing with criminality, accelerating children's involvement in the justice system and ultimately endangering children's safety.

On 20 January 2017 a man drove his car into a crowded pedestrian mall in Bourke St, Melbourne, Victoria, killing six people and injuring dozens more. The alleged perpetrator had been granted bail b...