The Flinders Journal of Law Reform is a refereed, scholarly journal with a national and international outlook. It seeks to disseminate information and views on matters relating to law reform, including developments in case and statute law, as well as proposals for law reform, be they from formal law reform bodies or from other institutions or individuals. The Journal publishes articles, case and legislation notes and comments and reviews of books on law reform-related themes. It is published twice a year and the two issues per year constitute a volume of the Journal.
Browsing Flinders Journal of Law Reform by Subject "Bail"
(Flinders University School of Law, 2008-04) Mather, Steve
Over the past decade bail legislation reform has curtailed the presumption in favour of bail and enabled its therapeutic use. Arguably such changes transform the traditional role of bail as a means of ensuring a defendant’s return to court and balancing the presumption of innocence. These changes are likely to present challenges to those managing conditional bail and those subjected to it, particularly in relation to minimising net-widening and deviancy amplification.
This paper describes Stage One of a study involving an analysis of the administrative records of 512 young people and interviews with youth/social workers. The study found supervised bail orders contained a number of quasi-therapeutic conditions and were used, in part, to address young people’s ‘needs’. The findings suggest caution needs to be exercised when using bail as a rehabilitative tool in order to avoid the risk of entrenching young people further into the system.