Re-examining Bail and Remand for Young People in NSW

Abstract

This article examines the substantial growth in the number of young people remanded in custody in New South Wales (NSW) and the increasing number of young people granted bail but unable to meet the conditions of bail. It points to the inadequacies of the Bail Act 1978 (NSW) for dealing with young people, and highlights the ways in which recent developments in law and practice and the politicisation of bail mark a substantial departure from the well-established purposes of bail and remand. It also identifies an agenda for future research concerning bail decision-making for young people.