Breach reasons reviewed
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A new study reveals homelessness and procedural issues drive most bail breaches.
A new study by Edith Cowan University (ECU) has shed light on the reasons why many individuals breach their bail conditions, revealing a range of complex social and procedural issues that contribute to these violations.
The research, led by Associate Professor Natalie Gately and Dr Suzanne Rock, surveyed 230 detainees in Perth's Watch House and found that over half of the people held in such facilities had been detained for breaching bail.
Bail is a key feature of Australia’s justice system, allowing most accused individuals to remain in the community under specific conditions until their court date.
However, a significant number of individuals on bail violate these conditions, resulting in further charges and time spent in detention without having been convicted.
The ECU study identified several key factors that contributed to breaches.
The issues include homelessness, family responsibilities, and difficulties navigating the procedural requirements of their bail orders.
A common misconception, according to Associate Professor Gately, is that breaches occur due to further criminal activity.
“Our study has shown that most breaches are the result of administration difficulties and situations outside the bailees' control, such as homelessness,” she said.
The findings suggest that understanding the challenges detainees face, rather than assuming criminal intent, is crucial to addressing the high breach rates.
The study also found no significant difference in breach rates between Indigenous and non-Indigenous participants, although the researchers recommend that cultural obligations be taken into account to reduce breaches among Indigenous Australians.
The impact of breaching bail can be profound, both for the individuals involved and for the broader community.
“For women on remand, it often means leaving their children, who may then go into foster care, which can damage family relationships,” Dr Rock said.
“And for people with stable employment, it can mean a risk of losing their job.”
These breaches not only disrupt lives but also impose significant costs on the justice system, contributing to delays and the burden on police and court staff.
Dr Rock called for a reduction in the procedural barriers that prevent compliance, noting that addressing these issues would reduce the strain on the legal system.
The study recommends several strategies to improve compliance with bail conditions, including the establishment of court outreach services and better communication methods, such as mobile phone reminders for bailees.
The full report is accessible here.