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CJB68

Author Marilyn Chilvers, Jacqui Allen and Peter Doak
Published May 2002
Report Type Crime and Justice Bulletin No. 68
Subject Bail / Remand; Court processes and delay
Keywords bail, absconding, NSW Criminal Courts

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Summary

Aim

In this paper, trends in bail refusal, patterns of granting bail, and the rate of failing to appear in court while on bail were estimated for both NSW Local and Higher Courts.

Abstract

In this paper, trends in bail refusal, patterns of granting bail, and the rate of failing to appear in court while on bail were estimated for both NSW Local and Higher Courts. In addition, the factors associated with failure to appear while on bail were examined for each jurisdiction. The proportion of persons on bail in cases finalised in both the Local and Higher Courts has generally decreased since 1995, while the rate of bail refusal has increased. In 14.6 per cent of Local Court finalisations in 2000 for persons on bail, the defendant failed to appear and a warrant was issued by the court. In terms of distinct persons this represents 14.9 per cent of all persons on bail at the time of case finalisation. Persons with prior convictions are far more likely to have a warrant issued against them for failing to appear while on bail and, in the Local Courts, persons with multiple concurrent offences are more likely to have a warrant issued against them for non-appearance. Persons charged with theft offences, receiving, break and enter, and disorderly conduct offences in the Local Courts are more likely to fail to appear while on bail. In the Higher Courts, the highest probability of failing to appear occurs for persons charged with serious drug offences or burglary (although the numbers are very small in each category).