Description

Figures for 1999 New South Wales Local Court appearances show that Aboriginal defendants are more likely to be refused bail or have heavier conditions placed upon bail where it is granted. Yet in 2000-2001, over 45% of Aboriginal remand inmates did not receive a custodial sentence when their matter was finalised, and of these inmates, 41% had spent between eight and 30 days in custody while bail was refused. The Bail Act 1978 (NSW) manifests a preference for non monetary bail conditions, but an examination of 100 Aboriginal bail cases by the Aboriginal Justice Advisory Committee in 2001 showed that monetary bail conditions were overwhelmingly employed by courts in such cases. This article also explores other problems for Aboriginal people with the way NSW courts interpret the bail regime in practice. These relate to the definition of ‘acceptable persons’ for providing financial security for the accused, and practical problems relating to ‘acceptable persons’ agreeing to forfeit money both with and without security. The article also suggests a number of ways in which the current bail regime could be revised to address these problems.