Abstract

http://ssrn.com/abstract=1653019
 
 

References (37)



 


 



Lay Magistrates' Interpretations of ‘Substantial Grounds’ for Denying Bail


Mandeep K. Dhami


University of Cambridge - Faculty of Law

2010-04-01

The Howard Journal of Criminal Justice, Vol. 49, Issue 4, pp. 349-360, September 2010

Abstract:     
The main goal was to capture how decision makers interpret the phrase ‘substantial grounds’ for denying bail stated in the Bail Act 1976. It was found that magistrates who remanded the defendant into custody, judged the mean risks of the defendant absconding, offending on bail, and obstructing justice to be significantly greater than did those who bailed the defendant. Thus, the mean interpretation of ‘substantial grounds’ across magistrates was from 46% to 51% (on a 0% to 100% scale). However, there was great variability across magistrates. We discuss the implications of the present findings for encouraging consistent, transparent and justifiable interpretations of bail law.

Number of Pages in PDF File: 12

Accepted Paper Series





Date posted: August 4, 2010  

Suggested Citation

Dhami, Mandeep K., Lay Magistrates' Interpretations of ‘Substantial Grounds’ for Denying Bail (2010-04-01). The Howard Journal of Criminal Justice, Vol. 49, Issue 4, pp. 349-360, September 2010. Available at SSRN: http://ssrn.com/abstract=1653019 or http://dx.doi.org/10.1111/j.1468-2311.2010.00623.x

Contact Information

Mandeep K. Dhami (Contact Author)
University of Cambridge - Faculty of Law ( email )
10 West Road
Cambridge, CB3 9DZ
United Kingdom

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References:  37

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