Layered Disadvantages: Women and Mothers within Aotearoa New Zealand's Bail System

Abstract

This article examines how women and mothers are impacted by Aotearoa New Zealand's bail system. It begins by identifying a shift towards a harsher bail culture, both in New Zealand and across Western jurisdiction. This shift is primarily characterised by an increased focus on public safety and has underscored a more risk-averse approach to bail decision-making. Stricter bail policies have led to a significant increase in the number of women held on custodial remand.
This article argues the public safety rationale of harsher bail policies does not map well onto women. It examines how women and mothers face layered disadvantages, both in their access to bail and while on custodial remand. It identifies how socially marginalised women are disproportionately affected by harsher bail policies and are at risk of being remanded in custody without a strong justification. It examines a further layer of disadvantage faced by mothers with dependent children. It suggests that during the pre-trial process, the impacts of incarceration on primary carers and their children often fail to be considered and supported. It argues that mothers on custodial remand face additional and disproportionate harm. This article joins a growing body of research critiquing the rate at which women are remanded in custody and concludes by suggesting initial steps to address the problem.