Examining Bail in the Juvenile and Criminal Justice System A Critical Review

Abstract

The Juvenile Justice System (JJS) was developed to safeguard and protect children from criminal procedures employed in the larger adult Criminal Justice System (CJS). This article analyses how bail procedures are operationalised within the JJS and CJS. The author advocates the application of all types of bail to Children in Conflict with the Law (CCL). Bail is significant in the JJS from a social perspective, as it is directly linked to supervised rehabilitation under Probation Officers (PO) or social workers. Failure to comply with bail conditions has implications on the final court order. The article further looks at the socio-legal and financial obstacles that CCLs encounter in order to obtain bail.

DOI: 10.32444/IJSW.2024.85.2.141-160