Postcode (in)justice: location and bail support services
| Pages | 307-318 |
| DOI | https://doi.org/10.1108/JCRPP-01-2019-0002 |
| Published date | 21 November 2019 |
| Date | 21 November 2019 |
| Author | Emma Colvin |
| Subject Matter | Health & social care |
Postcode (in)justice: location
and bail support services
Emma Colvin
Abstract
Purpose –The purpose of this paper is to explore the impact of location on access to justice for vulnerable
defendants seeking bail.
Design/methodology/approach –Qualitative interviews were conducted with legal practitioners from rural,
suburban and urban areas as part of a larger study into bail support services in Victoria, Australia.
Findings –Interview participants identified a dearth of bail support resources in rural, regional and remote
(RRR) areas compared to their urban counterparts. This dearth impacted negatively on some defendants’
outcomes in the justice system, particularly for young people and those experiencing homelessness.
Practical implications –This study helps in improving policy through greater understanding of issues with
RRR service provision; adds to knowledge for service providers on access to justice; highlights specific areas
of concern for vulnerable populations; and provides a more nuanced understanding of location-based issues.
Originality/value –This research found that resourcing issues cannot be understood simply through an
RRR/urban binary and that more complex factors impacting access to justice and access to services for
vulnerable people should be incorporated into future analysis and policy development. This more nuanced
understanding is useful across national and international contexts when developing policies to improve bail
support service provision.
Keywords Rural, Support services, Regional, Bail, Conditional bail, Postcode justice
Paper type Research paper
Introduction
Across many jurisdictions, access to services in rural, regional and remote (RRR)[1] areas has
been hampered by funding cuts and reduced availability (Law Council of Australia, 2018). The
term “postcode justice”is used to describe the disparity in access to justice based on location
(Coverdale, 2011). This study examines the efficacy of bail support programmes in reducing the
need to remand people prior to trial and sentence, as well as the impact that location had on
peoples’experience of the criminal justice system at the bail stage of the process.
This paper is based on research that examined the implementation and impact of bail support
services in the Australian state of Victoria. A key theme that emerged from the research data was
that of unequal access to justice for people in RRR areas. This paper will contextualise this issue
within the current literature and discuss the implications of this disparate access to justice for
people in RRR areas. Specific issues, including access to bail for children, transportation and
homelessness are analysed in order to demonstrate the impact of limited access to services in
RRR areas. In order to ensure that appropriate funding and resourcing are made available in the
sphere of bail support services, this paper argues that the complexity of RRR disparity needs to
be better understood. This is particularly important when examining the extent of postcode
justice as a means to understand RRR disparity. Critical examination of these issues is needed
in order to improve access to justice and the efficacy of programmes in RRR areas. Doing
this effectively may assist in protecting the community and reduce the need for unnecessary
remand imprisonment.
Received 4 January 2019
Revised 8 March 2019
22 May 2019
1 October 2019
Accepted 1 October 2019
This research was partially funded
by an Australian Postgraduate
Award. The author would like to
thank the interview participants for
their time and expertise. The
author would also like to thank
colleagues who provided feedback
on drafts of this paper.
Emma Colvin is based at
Charles Sturt University,
Bathurst, Australia.
DOI 10.1108/JCRPP-01-2019-0002 VOL. 5 NO. 4 2019, pp.307-318, © Emerald Publishing Limited, ISSN 2056-3841
j
JOURNAL OF CRIMINOLOGICAL RESEARCH, POLICY AND PRACTICE
j
PAGE307
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