‘It’s a set up’: examining the relationship between bail conditions and the revolving door of justice

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ABSTRACT Research has consistently drawn attention to how pre-trial release with bail conditions has the unintended consequence of setting accused up to accumulate further criminal charges. In response, legislative reforms to increase the courts’ knowledge of the barriers accused face in complying with bail conditions have ensued. In light of these reforms, we assess whether and how bail conditions are still setting accused up to fail, using data from in-depth interviews with bail supervisors in Ontario, Canada. Given their involvement with the courts, accused, police and social service agencies, this sample provides a unique lens to observe how pre-trial conditions contribute to the revolving door of the criminal justice system. Our findings reveal evidence of a continuing trend whereby courts assign conditions with which accused have little realistic chance of complying; both systemic barriers and more mundane errors continue to undermine accused chances of adhering to conditions of bail. Nevertheless, some shifts in the types of conditions assigned are evident, notably regarding more tailored abstinence and treatment conditions. Importantly, however, bail supervisors caution that releasing accused with fewer conditions alone is insufficient to set accused up for success.