5 U. Rich. L. Rev. 99 (1970-1971)
The Quest for Balance in Bail: The New South Wales Experience

handle is hein.journals/urich5 and id is 107 raw text is: THE QUEST FOR BALANCE IN BAIL: THE NEW SOUTH
WALES EXPERIENCE
R. P. Roulston-
Bail is a security in the form of a bond required in respect of the re-
lease of an accused person, and conditioned for his appearance at a
specified time and place to answer.the charge. If the terms of a bail
require a surety or sureties, the defendant is placed in custody of such
sureties, who, at common law, could re-seize him. 1
T he right to bail is as old as the law of England itself and it is, as
Lord Devlin has remarked,2, indeed curious that fundamental
questions concerning it have never been settled. The system so far has
worked satisfactorily without providing any occasion for their reso-
lution.
This rather complacent view as to the satisfactory operation of the
procedure is not today reflected famong those involved in the adminis-
tration of the bail system. The principles upon which bail should be
granted or refused have been re-examined by the courts and the rela-
tive importance of traditional criteria have been questioned. There is
also evidence of practical concern for the effect upon an accused of
a refusal to grant bail as well as for the possibly harmful effects of the
injudicious granting of bail.
In the ,United States the Vera Foundation's participation in the'Man-
hattan Bail Project in the courts of New York City pioneered a new
approach to the problem of bail. This paved the way for remedial
action against bail abuses elsewhere and similar bail projects have been
started in other communities throughout the United States.3
In England initial examination of the question was undertaken by
the Homfe Office Research Unit's study in 1960.' Further steps have
been taken by Justice, the British Section of the International Com-
Senior Lecturer in Criminal Law, University of Sydney. LL.B., University of Syd-
ney, 1947; LL.M., University of Tasmania, 1952.
1 ARncmowD,   201, at 76 (24th ed. 1961).
2 DELuN, TnE CRIaINA. PRosEcUTiON IN ENGLAND 71 (24th ed. 1961).
3 See NATioNAL CONFE ENCE O N BAIL AND CRIMINAL JUSTICE; PROCEEDINGS AND INTERIM
R.PoRr,'Washngton, D. C. (1965).
4See Ho?= OmcICE RESEARCH Stmy, TIME SEr AwAITIn  TRIAL (1960).

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