New study reveals why so many people breach bail conditions

First published by Edith Cowan University

More than half of the detainees in Police Watch Houses are there because they have violated their bail conditions. A first of its kind study by Edith Cowan University (ECU) has provided insights into the key reasons for those breaches.

In Australia, the bail system permits most people accused of a crime to remain in the community while they await their court date, under various conditions, because they are considered innocent until proven guilty.

However, a high number of people on bail breach the orders placed on them, resulting in additional charges and incarceration, without even having their day in court.

A new study, led by criminology researchers Associate Professor Natalie Gately and Dr Suzanne Rock, surveyed 230 police detainees at the Perth Watch House about their orders and the reasons behind their recent breaches.

Key findings:

• Homelessness, family responsibilities, and procedural challenges were identified as primary barriers to adhering to bail conditions.
• No significant differences in breach rates were found based on Indigeneity, though allowances for cultural obligations were recommended to reduce breaches.

Associate Professor Gately said most of the detainees understood their orders but shared a range of complex issues in their lives which interfered with compliance.

"A public misconception may be that people breach bail due to committing further crimes," she said.

"However, our study has shown that most breaches are the result of administration difficulties and situations outside the bailees control, such as homelessness."

Impact of breaches

Granting bail in Australia’s justice system upholds human rights, allows people to keep their jobs, maintain family obligations and relationships, and helps avoid overcrowding in prisons.

Dr Rock said people may underestimate the impact that breaching bail orders has on both the detainee and the wider community.

"It can be highly disruptive for people when they breach bail and can’t remain in the community," she said.

"For women on remand, it often means leaving their children, who may then go into foster care, which can damage family relationships.

"And for people with stable employment it can mean a risk of losing their job.

"There is a significant cost to the community when people breach bail conditions, especially if they might not even end up with a prison sentence once their case is heard."

Recommendations

Dr Rock said removing some of the procedural roadblocks to compliance would reduce additional charges, workloads of police and court staff and assist with delays in the administration of justice.

The study outlined the following strategies to address the barriers to compliance identified in the research:

• Establish a specific court outreach service to help those on orders navigate and adhere to their conditions.
• Set up court reminders in the most appropriate method for the bailee (e.g. mobile phone texts).
• Provide a phone number/email specific for bailees so if they are having trouble attending, they can notify the right person and avoid a breach.
• Set up a formalised ‘extension tracker’ to record the date, time and reason why an extension or alternative court date or reporting method is being sought (this could also monitor trends and protect the public).

"When low risk people on bail breach their conditions, they are re-criminalised and take up valuable court and police time and resources that could be used for high-risk offenders," Associate Professor Gately said.

"For Australia's justice system of granting bail to be effective, conditional orders must be achievable, and the current system’s rigidity does not account for the complex realities of those on bail.

"By adopting a more flexible approach, we can reduce the strain on individuals, decrease additional charges, and ultimately improve the efficiency and fairness of our justice system."

The study 'Complex lives and procedural barriers: Detainees' "life happens" explanations for breaching orders' is published in the Journal of Criminology.