Bail decisions are largely shaped by private, out-of-court negotiations between Crown attorneys and defence lawyers. While accused persons rely on the professional expertise of defence lawyers to navigate bail negotiations and secure them the best possible outcome, much remains unknown about how lawyers prepare for and negotiate bail. This study examines the process of bail preparations and negotiations from the defence’s perspective based on data from 18 semi-structured interviews with defence lawyers. The findings show that, while defence lawyers argue for reasonable bail terms, their ultimate goal is to obtain a release for their client. Defence lawyers also prioritize collecting and strategically using information about the case and the Crowns and justices with whom they work. They often adopt a risk-averse and cooperative approach with Crowns to avoid delaying or preventing their client’s release, even if that means agreeing to additional conditions. Our findings inform efforts to reform bail processes.

保释决定很大程度上是由检察官和辩护律师之间私下的庭外谈判决定的。虽然被告依靠辩护律师的专业知识来引导保释谈判并确保他们获得最佳结果，但律师如何准备和谈判保释仍有很多未知之处。本研究基于 18 次与辩护律师进行半结构化访谈的数据，从辩方的角度考察了保释准备和谈判的过程。调查结果显示，虽然辩护律师主张合理的保释条件，但他们的最终目标是为客户获得释放。辩护律师还优先收集和战略性地使用有关案件以及与他们合作的检察官和法官的信息。他们经常与皇冠采取规避风险和合作的方式，以避免延迟或阻止客户的释放，即使这意味着同意额外的条件。我们的研究结果为改革保释程序的努力提供了信息。