Calls to Cut Bail Are Understandable, But Not Justified

It is Understandable to Call for Bail Reduction, But Not Justified

May 1, 2024 TruthUSA

The call to enhance protection for vulnerable women is valid, but we must be aware of the consequences of impulsive reactions.

Commentary

Following the tragic death of Molly Ticehurst at the hands of her ex-partner, who was facing domestic and sexual violence allegations while out on bail, there has been a widespread demand for action.

Chris Kenny from Sky News swiftly pointed fingers at the magistrate for granting bail to the alleged offender during an interview with New South Wales (NSW) Shadow Police Minister Paul Toole.

As a response, Mr. Toole advocated for a complete revision of bail laws to reduce the number of accused men granted bail. The NSW government has already initiated a review in light of this incident.

Whenever a crime is committed by someone on bail, there is often a call to tighten laws to ensure that all individuals accused of serious crimes, especially domestic violence, are incarcerated.

While the need to safeguard vulnerable women is understandable, the cost of hasty responses to a complex issue is the unjust imprisonment of thousands of men, both innocent in the eyes of the law and in reality.

Pretrial Incarceration

Currently, over a third of incarcerated men in Australia have not yet had their cases adjudicated by a court.

As a consequence of bail reform demands, an increasing number of individuals in our prisons are awaiting trial. They are held on remand in harsh conditions alongside violent and dangerous inmates, sometimes spending months or even years behind bars before their cases are resolved.

Nationwide, the number of unsentenced individuals in custody nearly doubled in the past decade, reaching 16,000.

The proportion continues to rise, with a 15.5 percent increase in the last five years. In NSW, a staggering 42 percent of prisoners are on remand.

“These individuals are presumed innocent, and many of the offenses they are accused of may not necessarily result in a jail sentence if they are convicted,” notes Lorana Bartels, a criminology professor at the Australian National University who advocates mainly for female and indigenous prisoners.

Ironically, despite the focus on protecting vulnerable women, a substantial portion of the recent surge in remanded individuals is for offenses categorized as “feminist,” which are allegations of male-on-female crimes.

In NSW, there has been a 74 percent increase in the overall remand prisoner population over the past decade, with 92 percent being male.

Unfortunately, the media tends to downplay the disproportionate impact on men.

Offenses like sexual assault, domestic violence, intimidation, and stalking constitute 98 percent of the rise in remanded prisoners in the last four years, according to BOSCAR data.

Domestic violence and sexual assault alone represent 83 percent of this increase.

While there are exceptional cases of women on remand, such as Maree Mavis Crabtree, a Queensland woman who was recently released after spending six years in prison due to allegations of killing her son with a poisoned smoothie, these instances are rare.

Horrific Conditions

We seldom hear about the men who are now routinely detained without trial following accusations of domestic violence.

For every two men in prison convicted of domestic violence, there are three who have been charged but not yet tried.

In many cases, a mere accusation by a vindictive ex-spouse is enough to secure an apprehended violence order and subsequently imprison a man by alleging breaches of that order.

Similar scenarios occur in cases of sexual assault, as evidenced by comments from judges in NSW that prompted a review of current rape cases.

A man known as “Peter” received a substantial settlement for malicious prosecution from NSW police and prosecutors after he was arrested at the airport and immediately incarcerated based on a false rape claim made by his ex-wife—an accusation later disproven with video evidence showing consensual intercourse.

Peter spent a terrifying month in prison on remand, enduring horrifying conditions and maltreatment, ultimately losing a significant amount of weight.

“Life in jail is appalling. It is awful in ways that most people could never imagine,” remarks a criminal lawyer in NSW.

Another example involves a young man from Sydney who was falsely accused of rape and subjected to multiple instances of sexual assault while in prison on remand.

Where Does This Lead?

We have witnessed changes in bail laws in 2013 and 2021, resulting in the removal of the presumption of bail for certain offenses and implementing a “show cause” test for individuals charged with serious crimes to justify why they should be granted bail.

Currently, only sexual offenses involving minors require a “show cause” justification, but in reality, bail is now typically denied for most sexual assault-related offenses. There is now a push to include all sexual assault offenses in the “show cause” category.

When it comes to domestic violence, most magistrates tend to err on the side of caution, denying bail in the presence of any potential for violence.

As a consequence of these bail law changes, the rate of bail refusals has risen by 47.3 percent over the past nine years according to the NSW crime statistics bureau.

In 2019, an ACT man named Atem Deng sought damages for false imprisonment after being imprisoned on remand for 58 days following the dismissal of a domestic violence-related charge by the ACT Supreme Court. His experience was harrowing and included threats on his life by a fellow inmate.

The Court of Appeal dismissed his claim for damages, deeming his unjust incarceration as a sign of the system functioning correctly.

The direction we are heading in is alarming and worrisome.

The views expressed in this article are the author’s own and do not necessarily represent those of The Epoch Times.

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