Conditional Bail Decision Making in the Magistrates' Court

20 Pages Posted: 23 Mar 2004

Abstract

Conditional bail is a popular alternative to a remand in custody when magistrates believe a defendant poses a risk if released unconditionally. In the present study, magistrates made bail decisions on systematically designed hypothetical cases. It was found that on average, magistrates attached more than one condition to bail, and they were limited in the types of conditions they imposed. Although there was no difference in the consistency of magistrates' conditional and unconditional bail decisions, magistrates were more likely to disagree on a case when deciding to grant conditional bail, and they were less confident in their conditional bail decisions. In addition, magistrates' imposition of conditions was affected by both legal and extra-legal factors. Implications for enhancing magistrates' performance are discussed.

Suggested Citation

Dhami, Mandeep K., Conditional Bail Decision Making in the Magistrates' Court. Available at SSRN: https://ssrn.com/abstract=513570

Mandeep K. Dhami (Contact Author)

Middlesex University ( email )

The Burroughs
London, NW4 4BT
United Kingdom

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