‘It’s a Gendered Issue, 100 Per Cent’: How Tough Bail Laws Entrench Gender and Racial Inequality and Social Disadvantage

Women’s rates of remand, or pre-trial detention, have grown dramatically in Australia and the at which Aboriginal Torres Strait Islander women are incarcerated without conviction particularly high. However, there is little research examining bail remand practices their relationship to social inequalities. This article presents findings from on drivers behind women’s increasing custodial Victoria—a jurisdiction that has significantly restricted access through legislative reforms. Drawing data derived interviews with criminal defence duty lawyers, we outline how systematically disadvantage experiencing housing insecurity domestic family violence (DFV), risk becoming trapped longer-term cycles incarceration. Our analysis reinforces need move away ‘tough crime’ approaches bail. It also highlights unintended consequences DFV reforms, including further marginalising punishing criminalised who victim-survivors.