Young people and bail

Bibliography: Bail and young people

Last updated: 27 February 2013.

Books

Cunneen, C & White, R 2011, Juvenile Justice: Youth and Crime in Australia, 4th ed, OUP: Melbourne.

Smith, R 2003, Youth Justice: Ideas, policy, practice, Willan Publishing: Cullompton UK.

Smith, R 2007, ‘Bail support: Working tactically’, in Youth Justice: Ideas, policy, practice, 2nd ed, Willan Publishing: Cullompton UK, pp. 32-34.

Articles

Bargen, J 2008, ‘Juvenile justice: Responding to Australia’s children and young people in trouble with the law’, Reform, no. 92, pp. 28-32.

Bargen, J 2010,’Embedding diversion and limiting the use of bail in NSW: A consideration of the issues related to achieving and embedding diversion into Juvenile Justice practices’, Current Issues in Criminal Justice, vol. 21, no. 3, pp. 467-479.

Blakemore, C 2010, ‘Juveniles on remand’, Hot Topics, Legal Information Access Centre, pp. 17-22.

Bookin-Weiner, H 1984, ‘Assuming responsibility: Legalising pre-adjudicatory juvenile detention’, Crime and Delinquency, vol. 30, no. 1, pp. 39-67.

Boyle, K 2009, “The more things change…’: Bail and the incarceration of homeless young people’, Current Issues in Criminal Justice, vol. 21, no. 1, pp. 59-78.

Brookman, F & Pierpoint, H 2003, ‘Access to legal advice for young suspects and remand prisoners’, Howard Journal, vol. 42, no. 5, pp. 452-470.

Brown, L 2011, ‘Home late? Go straight to prison’, PIAC Bulletin, vol. 33, no. 3, p. 4.

Brown, L 2012, ‘The criminalization of conduct: Indigenous youth in the criminal justice system’, Indigenous Law Bulletin, vol. 7, no. 28, pp. 8-11.

Conklin, S 2012, ‘Juveniles locked in limbo: Why pretrial detention implicates a fundamental right’, Minnesota Law Review, vol. 96, no. 6, pp. 2150-2181.

Cunneen, C 2008a, ‘Bringing Them Home and the contemporary criminalisation of Indigenous young people’, Australian Indigenous Law Review, vol. 12, special edition, pp. 46-54.

Cunneen, C 2008b, ‘Changing the neo-colonial impacts of juvenile justice’, Current Issues in Criminal Justice, vol. 20, no. 1, pp. 43-58.

Dambach, M 2007, ‘Homes for homeless children’, Alternative Law Journal, vol. 32, no. 3, pp. 170-171.

Denning-Cotter, G 2008, ‘Bail support in Australia’, Indigenous Justice Clearinghouse Research Briefs, no. 2, Attorney General’s Department and Australian Institute of Criminology: Sydney.

Freeman, S 2008, ‘The experience of young people remanded in custody: A case for bail support and supervision schemes’, Irish Probation Journal, vol. 5, pp. 91-102.

Freeman, S 2009, ‘Surviving on remand:  A study of how young people cope in remand custody in Ireland’, PhD thesis, Dublin Institute of Technology: Dublin.

Freeman, S & Seymour, M 2010, “Just waiting’: The nature and effect of uncertainty on young people in remand custody in Ireland’, Youth Justice, vol. 10, no. 2, pp. 126-142.

Goldson, B & Jamieson, J 2002, ‘Community bail or penal remand? A critical analysis of recent policy developments in relation to unconvicted and/or unsentenced juveniles’, British Journal of Community Justice, vol. 1, no. 2, pp. 63-76 

Kraus, J 1978, ‘Remand in custody as a deterrent in juvenile jurisdiction’, British Journal of Criminology, vol. 18, no. 3, pp. 285-289.

Lipscombe, J 2003, ‘Another side of life: Foster care for young people on remand’, Youth Justice, vol. 3, no. 1, pp. 36-50.

Mather, S 2007/8, ‘Bail supervision and young people: Pathway or freeway?’ Flinders Journal of Law Reform, no. 10, pp. 675–691.

McNamara, J & Cook, R 2006, ‘Bandaid bail: Current bail practices in NSW come under fire’, Indigenous Law Bulletin, vol. 6, no. 17, pp. 6-7.

Morgan, R 2008, ‘Practice in the Children’s (Magistrate’s) Courts’, Queensland Lawyer, no. 28, pp. 240-246.

Pheeney, D 2012, “Do you reckon I’m gonna get bail?’ The impact and consequences of New South Wales bail laws on Aboriginal juveniles’, Indigenous Law Bulletin, vol.7, no. 30, pp. 3-7.

Richards, K 2011, ‘Trends in juvenile justice in Australia’, Trends & Issues in Crime and Criminal Justice, no. 416, Australian Institute of Criminology: Canberra.

Sawyer, M, Guidolin, M, Schulz, K, McGinnes, B, Baghurst, P & Zubrick, S 2010a, ‘The mental health and wellbeing of adolescents on remand in Australia’, Australian and New Zealand Journal of Psychiatry, vol. 44, no. 6, pp. 551-559.

Sawyer, M, Guidolin, M, Schulz, K, McGinnes, B, Baghurst, P & Zubrick, S 2010b, 'Mental health problems among young people on remand: Has anything changed since 1989?’, Australian and New Zealand Journal of Public Health, vol.  34, no. 6, pp. 594-597.

Snowball, L 2011, ‘Police bail and risk of re-offending’, Bureau Brief, no. 57, NSW Bureau of Crime Statistics and Research: Sydney.

Sprott, J & Myers, N 2011, ‘Set up to fail: The unintended consequences of multiple bail conditions’, Canadian Journal of Criminology and Criminal Justice, vol. 53, no. 4, pp. 404-423.

Stubbs, J 2010, ‘Re-examining bail and remand for young people’, Australian and New Zealand Journal of Criminology, vol. 43, no. 3, pp. 485-505.

Varma, K 2002, ‘Exploring ‘youth’ in court: An analysis of decision-making in youth court bail hearings’, Canadian Journal of Criminology and Criminal Justice, vol. 44, no. 2, pp. 143–164.

Vignaendra, S, Moffatt, S, Weatherburn, D & Heller, E 2009 (updated 2012), ‘Recent trends in legal proceedings for breach of bail, juvenile remand and crime’, Crime and Justice Bulletin, no. 128, NSW Bureau of Crime Statistics and Research: Sydney.

Wilkinson, T 1993, ‘Remanding Juveniles’, Solicitor’s Journal, vol. 138, no. 3, p. 70.

Wong, K 2008, ‘The criminalisation of homelessness – Bail and young people,’ Undercurrent, no. 1, pp. 23-34. 

Reports

ACT Law Reform Commission 2001, Report on the laws relating to bail, report no. 19 

Australian Law Reform Commission 1997, Seen and Heard: Priority for children in the legal process, report no. 84, Australian Government Publishing Service: Canberra.

Ericson, M & Vinson, T 2010, Young people on remand in Victoria: Balancing individual and community interests, Jesuit Social Services: Richmond.

Gibbs, P & Hickson, S 2009, Children: Innocent until proven guilty. A report on the overuse of remand for children in England and Wales and how it can be addressed, Prison Reform Trust: London.

House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs 2011, Doing time – time for doing: Indigenous youth in the criminal justice system, Commonwealth of Australia: Canberra.

Jesuit Social Services and Effective Change Pty Ltd 2013, Thinking outside: Alternatives to remand for children, Jesuit Social Services: Richmond.

Mazerolle, P & Sanderson, J 2008, Understanding Remand in the Juvenile Justice System in Queensland, Griffith University and Queensland Department of Communities, retrieved 15 January 2013, from www.communities.qld.gov.au/youth/publications/remand-report.

New South Wales Government 2010, Government Response to NSW Juvenile Justice Review, retrieved 20 February 2013, from http://www.djj.nsw.gov.au/pdf_htm/publications/general/Government%20Resp....

New South Wales Law Reform Commission 2005, Young Offenders, report no. 104, Department of Attorney General and Justice, NSW Government: Sydney.

New South Wales Law Reform Commission 2012, Bail, report no. 133, Department of Attorney General and Justice, NSW Government: Sydney.

Noetic Solutions Pty Limited 2010, A Strategic Review of the New South Wales Juvenile Justice System: Report for the Minister of Juvenile Justice, retrieved 26 February 2013, from http://www.djj.nsw.gov.au/pdf_htm/publications/general/Juvenile%20Justic... 

Northern Territory Government 2011, A Review of the Northern Territory Youth Justice System: Report.

Polk, K, Adler, C, Muller, D & Rechtman, K 2003, Early intervention: Diversion and youth conferencing – a national profile and review of current approaches to diverting juveniles from the criminal justice system, Attorney General’s Department: Canberra.

Queensland Law Reform Commission 1991, To bail or not to bail: A review of Queensland’s bail law, discussion paper no. 35, The Queensland Law Reform Commission: Brisbane.

Roth, L 2010, Bail law: Developments, debate and statistics, briefing paper 5, New South Wales Parliamentary Library.

Seymour, M & Butler, M 2008, Young People on Remand, Minister for Health and Children, The Stationery Office: Dublin, retrieved 26 February 2013, from http://www.dit.ie/cser/media/ditcser/images/Young_People_on_Remand_Study....

Tresidder, J & Putt, J 2005, Review of data on juvenile remandees in Tasmania: Final report, Australian Institute of Criminology: Canberra.

UnitingCare Burnside 2009a, Locked into remand: Children and young people on remand in New South Wales, retrieved 15 January 2013, from http://www.childrenyoungpeopleandfamilies.org.au/info/social_justice/sub....

UnitingCare Burnside 2009b, Releasing the pressure on remand: Bail support solutions for children and young people in NSW, retrieved January 15 2013, from http://www.ncoss.org.au/resources/ 091028-Releasing-the-pressure.pdf.

Victorian Law Reform Commission 2007, Review of the Bail Act: Final report, Victorian Law Reform Commission: Melbourne.

Wong, K, Bailey, B & Kenny, D 2010, Bail me out: NSW young offenders and bail, Youth Justice Coalition: Sydney, retrieved 15 February 2013, from http://apo.org.au/research/bail-me-out-nsw-young-offenders-and-bail.

Conference papers

Blakemore, C 2010, ‘Juvenile justice presentation for NSW Opposition’, Undercurrent, no. 2, pp. 18-19.

Cunneen, C 2002, ‘The impact of bail amendments on young people’, presented at The Institute of Criminology Seminar: Crisis in Bail and Remand, Sydney University Law School, 29 May 2002.

Daly, M 2012, ‘Hobart Youth Justice Pilot: Doing justice for young people, issues and challenges for judicial administration in Australia and New Zealand’, presented at Doing Justice for Young People – Issues and Challenges for Judicial Administration in Australia and New Zealand Conference, Brisbane, 23-25 August 2012.

Haesler, A 2008, ‘Kids are sleeping: New bail laws’, presented to the NSW Criminal Defence Lawyer’s Association, 16 April 2008.

Heller, E & Mathis, M 2012, ‘Breaching bail – A young person’s perspective’, presented by Juvenile Justice, Department of Attorney General and Justice NSW at Doing Justice for Young People – Issues and Challenges for Judicial Administration in Australia and New Zealand Conference, Brisbane, 23-25 August 2012.

King, J & Hegarty, D 2002, ‘Bail support services in Queensland: A collaborative approach to crime prevention’, presented at The Crime Prevention Conference convened by the Australian Institute of Criminology and Commonwealth Attorney-General’s Department Crime Prevention Branch, Sydney, 12-13 September 2002.

Stubbs, J 2009, ‘Critical reflections on bail and remand for young people in NSW’, presented at The Australian and New Zealand Critical Criminology Conference, Monash University, Melbourne, 8-9 July 2009; published in Segrave, M (ed) Conference Proceedings, School of Political & Social Inquiry, Monash University, pp. 244-57.

Venables, P & Rutledge, R 2003, ‘The Conditional Bail Programme: early intervention without net widening’ presented at Juvenile Justice: From Lessons of the Past to a Road Map for the Future, Australian Institute of Criminology and NSW Department of Juvenile Justice Conference, Sydney, 1-2 December 2003, retrieved 15 February 2013, from http://www.aic.gov.au/media_library/conferences/2003-juvenile/venables.pdf.

Wong, K 2008, ‘Bail – the new challenge for young people?’, presented at Combined Community Legal Centres Group State Conference, Sydney, retrieved 15 February 2013, from www.nswclc.org.au/State_Conf_08/Tuesday/Wong_bail.ppt.