Less Detention Longer Bail Hearings

On Friday in Newmarket the bail courts were full.



Main bail had 91 accused before a single Justice of the Peace. That's right, not 91 charges but 91 people all seeking release. There were two other bail courts running but both were full.



As it happens court ran until about 6:00 pm which is a long day for the staff and Justice of the Peace.



But the real concern is not what a long day people had Friday -- rather the issue is one of enough time for each bail hearing.



If bail is not granted an accused may spend a year or more in jail waiting for trial. Because most charges will lead to a shorter jail terms than the time delay to trial there is a huge incentive for an accused denied bail to plead guilty regardless of the facts (granted most detained accused are, in fact, guilty but that's not the point; and there are innocent accused).



If bail is granted a potentially dangerous accused is released into the community. News stories often feature accused committing crimes while released on bail.



Either with release or detention one thing is certain -- the decision on bail is very important.



But with 91 cases in a day the most insightful Justice of the Peace cannot make anything more than a cursory decision. And even today most Justices of the Peace have limited legal training and virtually no legal support staff (the education people at Queen Street do their best but they are few and the task immense).



So what can be done? Is it just an issue of more money for more Justices of the Peace?



No. We need fewer people brought before a bail court in the first place.



Police should release far more accused on terms (as they can). Only for the most serious matters should the police detain and then, in those limited cases, let Justices of the Peace have real and detailed bail hearings where they can properly consider everything that needs consideration. Bail lists should never be 91.