A Post-Pandemic Bail System: Lessons Learned From Supervising Accused During Covid-19

Abstract

Socio-legal research has begun charting lessons learned from the pandemic; however, there is a noticeable gap regarding how the pre-conviction phase of the criminal justice system was disrupted. Survey data from bail supervisors across Ontario, Canada, highlights which adaptations introduced during the pandemic are detrimental versus those that may be useful. Results suggest obstacles to accessing and navigating bail, a lack of rapport between accused and bail supervisors, and a dearth of social services, deepened pre-existing deficits of the bail system and further eroded the regulatory and relational aspects of supervision. On the other hand, the benefits of hybrid reporting and flexibility in decision-making allow us to reassess existing approaches to bail release. Our results reveal opportunities for improving the operation and legitimacy of bail supervision, while highlighting the tensions in risk management for those tasked with monitoring accused during the pandemic.