By Carolyn Yule and Rachel Schumann

Accused individuals employ various techniques in response to the challenges posed by living with bail conditions. By asking ‘what advice would you give to an accused individual who must appear in bail court and who will be assigned conditional bail’, this study assesses how individuals navigate release on bail in the community. A thematic analysis of interviews with 108 accused yielded three master themes: ‘abiding by the system’; a ‘broken system’; and ‘working the system’. The findings add to current research by identifying points of similarity, but also difference, in how common discourses used by bail court actors and bail scholars – including responsibilisation, self-governance, and accountability – are responded to by accused. The results reveal how individuals accused of a crime find ways to assume a more advantageous position within a system largely perceived as working against them.

Howard Journal of Crime and Justice, Pages: 516-534 First Published: 26 July 2023