The sad and present reality is that a significant proportion of the current prison population in Western Australia is needlessly remanded in custody.

This isn’t a criticism directed at the sentencing regime in this State in this instance, rather a comment on the huge remand prison population.  Whether adult or juvenile, accused person’s awaiting trial are frequently needlessly remanded into custody awaiting the determination of the charges against them.

The Bail Act

The Bail Act, the legislation concerned with whether an accused person awaits trial or sentencing in prison or in the community, posits no presumption either in favour or against the grant of bail for most offences.  Unless the charge is an allegation of homicide or the alleged commission of a serious offence while already on bail for a serious offence (as defined by The Bail Act) then a Judge or Magistrate is to determine the grant of bail on the basis of risk management: the risk of reoffending; the risk of absconding; the risk of interfering with evidence or witnesses; the risk of causing harm to themselves.

Bail conditions

Bail conditions are imposed in normal circumstances to assist with risk management: reporting to a police station periodically, living at a specific address; not to approach any point of departure from the State or frequently not to leave the State while on bail.  Bail conditions can be tailored to match the perceived risks of freedom pending trial or sentence.

All too frequently however, accused person’s are not granted bail for even relatively minor offences when they pose none of the relevant risks: sadly they may have no settled address at which to live or no means of support while on bail or in many cases, no lawyer to adequately make an application for bail.

The cost in financial and social terms to the state is enormous. No one ever benefits from spending time needless incarcerated: frequently, unconvicted remand prisoners come into contact with recidivists and learn from such negative peer association or life skills are put on hold so that when the detainee eventually returns to society their ability to cope independently, and problem solve is pitched at a very low level.  Such factors apply to all prisoners but particularly, obviously to the younger and more impressionable prisoners and those with little or no formal education or access to any such opportunities.

All too often bail applications are refused or not made at all.  This leads to a grinding sense of frustration in prison that can lead to minor and then more major acts of defiance and in extreme circumstances wholesale riots.  A more humane and concerted approach to bail pending conviction must be adopted for the sake of detainees, their families and for the sake of prison staff who frequently cop the brunt of endless and unnecessarily protracted periods of remand custody.