Public Address | Cafe | Legal Beagle: Compensation for pre-acquittal remand; or, The Blog Post Ten Years in the Making

Moz

Mon, 12 Oct 2020 13:33:48 +1300

we’re obviously doing something wrong in the first place

To an entity that measures value in money, the most certain way to get an injustice righted is to cost the perpetrator money. Since government does that…

The proposal would definitely reduce the injustice imposed by the legal system. At times…

Paul Campbell

Mon, 07 Sep 2020 17:37:50 +1200

I was thinking more about standards for prosecution, it does seem we're prosecuting more innocent people than we should be, do they kick out prosecutors who prosecute too many innocent people? does anyone keep track of this stuff.

Graeme Edgeler

Mon, 07 Sep 2020 17:17:58 +1200

There's the bail act. It sets the test for bail.

Paul Campbell

Mon, 07 Sep 2020 17:16:33 +1200

9% is an enormous amount – it means that one person in ten on remand is innocent – sure we should compensate people put in this position, but we're obviously doing something wrong in the first place – are there publicly available guidelines that the prosecution use? or is all…

Graeme Edgeler

Mon, 07 Sep 2020 12:41:58 +1200

It's a question of fact in each case. Someone imprisoned when they shouldn't be, has suffered more harm that someone detained at home, who has suffered more harm than someone with a curfew.

I don't have a fundamental problem with the possibility of a contributory negligence-like analysis, but fundamentally the…

Joe Edmonds

Mon, 07 Sep 2020 10:02:38 +1200

How would you handle someone who ends up with an aquittal but with certified bail breaches, and was remanded in custody after breaching non-onerous bail conditions? Bail breaches aren't an offence but also aren't exactly something the courts expect defendants to be doing. I think it would be fair in…

Public Address

Mon, 07 Sep 2020 10:02:38 +1200

Discussion from blog post.