In this year’s essay competition, the AAL asked the question: “What are one or more reforms that could be made to remedy deficiencies in the administration by Australian courts of the criminal law as it applies to minorities or disadvantaged groups?”

In their winning submission, Ms Bugler and Ms Muir chose to focus on the bail system and what they contended are “systemic inequalities” that fail to accommodate cultural, gendered and socioeconomic differences in Australians.

“The current system is working to perpetuate pervasive inequalities and disproportionately disadvantages three vulnerable groups: Indigenous Australians, women, and people experiencing homelessness,” the pair wrote.

The pair detailed the main areas of concern and proposed several pragmatic solutions, including: tailoring bail conditions according to the unique needs of specific groups like Aboriginal and Torres Strait Islander people; varying the reporting and fixed address conditions in recognition of homeless people and those who have cultural reasons for travelling; incorporating social services into the court system; and mandating cultural education for judicial officers involved in bail determinations.

Ms Bugler and Ms Muir said they are grateful to the AAL, as the essay competition motivated them to write about what is being described as a “bail crisis”.

“Bail is fundamental to protect personal liberty and the presumption of innocence,” they said.

“The essay question forced us to grapple with how the bail system perpetuates and exacerbates existing inequalities in the administration of the criminal justice system.”

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The judging panel of former High Court justice Professor William Gummow AC, Emeritus Professor Kate Warner AC, and Tim Game SC praised the essay as “a thoughtful and perceptive consideration of relevant doctrinal and practical issues”.

In particular, the panel commended the authors for their detailed exploration of how to improve the system.

“We were most impressed at the depth of thought given to practical solutions aimed at alleviating the potential adverse impact of bail determinations on disadvantaged groups,” they said.

AAL president Alan Robertson said one of the goals of the $10,000 annual essay competition is to encourage entrants to consider important legal issues in need of resolution.

“Each year, we set a topic which we consider will assist in promoting high standards of legal research, scholarship and education,” he said.