CLPR has done a first-time extensive study on #bail decision-making and released its report titled, "Re-Imagining Bail Decision Making: An analysis of Bail Practice in Karnataka & Recommendations for Reform" on March 30, 2020. Link to the study : https://bit.ly/33XMTGo 

The primary site of #bail-decision making and under-trial detentions is the trial court but it has been neglected so far. This study has attempted to bridge this gap in studies on under-trial detention, by focussing on the site of decision-making on bail - the criminal courts.

This study has adopted two distinct approaches to analyzing bail decision making, which is motivated by the need to understand how lower courts apply the bail law in real cases-first through in-person court observations & second by studying court records over a period of 6 months

As per the data, 80% of under-trial prisoners at the end of 2015 had never secured a high school education and more than 30% were illiterate. It shows that educationally disadvantaged persons are particularly vulnerable to incarceration.

As per the NCRB Reports on #Crime in India & Prison Statistics does not record any data on bail decision-making in India, this study has developed a quantitative baseline on the number & nature of arrests as well the levels of detention in India and more particularly in Karnataka

There is no distinction made between the pre-trial and under-trial stages of the criminal justice process in the law of the Indian context despite the fact that considerations while deciding on continued detention or release of an accused ought to categorically differ.

The right to procedural protections in the criminal justice process has been upheld as an inalienable right to free and fair trial. Over the years, courts have broadened and defined the ambit of this right to include several substantive rights.

These substantive rights are right to speedy trial, right to legal counsel,right to be free from handcuffs and the right to be heard.

Effective legal representation has a significant effect on #bail outcomes. An accused is 11 times more likely to secure bail if he had a lawyer representing him and 28 times more likely to secure bail if bail application was filed on the date of first production of the accused.

The report has provided various recommendations for reform:
Statutory reform in re-thinking the classification of bailable & non-bailable offenses,

Institutional reform by instituting bail protocols for judges,
Creating a distinction b/w the pre-trial & under-trial stages, Institute a pre trial services system to enable the implementation of a more liberal bail granting system