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AUST & NZ JOURNAL OF CRIMINOLOGY (June 1977) 10 (125-126) 125 Protective Custody and Refusal of Bail Sir, I refer to the copy lecture entitled "The Rights of Accused and Convicted Persons" by The Hon Justice Mitchell published in Volume 8 of your Journal commencing at p 179, and in particular to the following extract appearing on p 180 under the heading "Bail": But what of the person who is so distressed by the accusation of the crime that he is a potential suicide? Or what of the man accused of a crime which has aroused such indignation in the community in which he lives that there is a danger of reprisal before he has been tried for the offence? Some would argue that it is an unwarranted interference with the right of the individual to use these factors as a reason for refusing him bail. I would incline to the view that the courts can properly take these matters into consideration in determining the question of bail. A person who may feel, when first accused of a serious crime, that life has no more to offer him and that suicide is the easiest way out of his dilemma,
Australian & New Zealand Journal of Criminology – SAGE
Published: Jun 1, 1977
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