The paper asks whether Judges have sufficient powers to direct the prison authorities to consider a person's welfare whilst on remand in custody in the light of recent deaths at Mt. Eden Prison. Discusses the present law dealing with the granting of bail and whether it is adequate for the protection of society and the accused person. Considers what if any steps could be taken to strengthen the present bail laws so that the fine balance between the interests of the public in general and those of the accused in particular are fairly maintained. Recommends that the views of the victim should be made known to the Court by the Police in all cases where the charge is one of sexual violation or serious violence. Concludes that recent statistics show that the bail laws are protecting society.
Recent statistics show that serious violent offending by people on bail is very low.
Raises concern at the risks faced by some of those refused bail and remanded in custody particularly the young and the mentally ill.