Please use this identifier to cite or link to this item: https://anrows.intersearch.com.au/anrowsjspui/handle/1/13001
Record ID: ead19c4d-fff0-42c1-8e24-a52cfed2cfb6
Electronic Resources: https://www.crimejusticejournal.com/article/view/1882
Type: Journal Article
Title: ‘It’s a gendered Issue, 100 per cent’: How tough bail laws entrench gender and racial inequality and social disadvantage
Authors: Russell, Emma K.
Tyson, Danielle
Carlton, Bree
ANRA Topic: Policing and legal responses
ANRA Population: Aboriginal and Torres Strait Islander Communities
Women who have been incarcerated
Year: 2021
Publisher: QUT
Citation: Volume 10, Issue 3
Abstract:  Women’s rates of remand, or pre-trial detention, have grown dramatically in Australia and the rates at which Aboriginal and Torres Strait Islander women are incarcerated without conviction are particularly high. However, there is little research examining bail and remand practices and their relationship to social inequalities. This article presents findings from research on the drivers behind women’s increasing rates of custodial remand in Victoria—a jurisdiction that has significantly restricted access to bail through legislative reforms. Drawing on data derived from interviews with criminal defence and duty lawyers, we outline how bail and remand practices systematically disadvantage women experiencing housing insecurity and domestic and family violence (DFV), increasing their risk of becoming trapped in longer-term cycles of incarceration. Our analysis reinforces the need to move away from ‘tough on crime’ approaches to bail. It also highlights unintended consequences of DFV reforms, including further marginalising and punishing criminalised women who are victim-survivors.
URI: https://anrows.intersearch.com.au/anrowsjspui/handle/1/13001
Appears in Collections:ANROWS Notepad 2021
Journal Articles

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