Bail vs remand : what influences the decision-making process?

Abstract

This dissertation explores the factors influencing judicial decision-making in the context of granting bail or keeping in remand for a suspect. Through a comprehensive analysis of legal frameworks, case law, and empirical data, the study seeks to identify and understand the determinants within the criminal justice system (CJS). The research employs a mixed-methods approach and allows for the examination of both objective and subjective factors that contribute to bail and remand decisions, as well as the identification of potential biases and disparities within the process. Key findings reveal that decision-making is influenced by number of factors, such as the severity of the alleged offense, defendant's criminal history, flight risk, and potential threat to public safety. Additionally, subjective factors such as implicit biases, local legal culture, and resource constraints might affect these outcomes. This study highlights the need for greater transparency, consistency, bail bond and fairness in bail and remand decision-making. It proposes policy recommendations to address the identified issues, including the implementation of evidence-based risk assessment tools, training programs to mitigate implicit biases, and the allocation of adequate resources to ensure a more equitable justice system.