Bail and Vulnerability: Do we know enough to help inform policy?

Many consider that the work of police ends the moment an alleged offender is released into the hands of the courts, and that this person becomes the ‘subject’ of magistrates, lawyers and correctional services from that point. Although there is an element of truth in this, it is not always the case, and police officers often re-establish contact with defendants post-court. This is especially the case when, upon a defendant’s release on bail, bail conditions (curfews, non-association with peers, etc.) need to be checked by police. Police are not, however, the sole agents involved in monitoring bail and in the provision of bail support for defendants. Many government agencies, non-government agencies and associations are involved in this process. Through an analysis of law and policy at a national level, the authors examine the extent to which research has successfully documented the determination and monitoring of bail conditions for vulnerable offenders. We consider the lack of evidence and documentation on the topic of intervention programs specifically tailored for vulnerable groups of offenders such as young people, people with substance use disorders, people without a home, and people living with a mental illness. We also identify the absence of qualitative and quantitative data and analyses that can assist magistrates and policy makers to consider how the practice of bail targeting vulnerable groups can be improved.