Dáil Éireann Debate, Wednesday - 11 October 2023
168. Deputy Bernard J. Durkan asked the Minister for Justice to what extent the revised bail laws are successfully preventing crimes while an accused is on bail; and if she will make a statement on the matter. [44447/23]
View answerAs the Deputy is aware, restricting of a person’s liberty prior to trial is a very serious matter, given the presumption that a person is considered innocent until proven guilty.
While the State’s bail laws do provide for the refusal of bail in certain circumstances, judges are independent in the exercise of their judicial functions and the decision to grant bail in a particular case is solely a matter for the judge concerned.
As already conveyed to the Deputy, the Bail Act 1997, which followed a 1996 referendum on the matter, enables courts to refuse bail for a person charged with a serious offence to prevent the risk of another serious offence being committed while on bail. Since then, the State’s bail laws have been further strengthened, specifically by the Criminal Justice Act 2007, the Criminal Justice (Burglary of Dwellings) Act 2015, and the Criminal Justice Act 2017.
In considering whether to refuse bail under the 1997 Act, the Court is required to have regard to persistent serious offending by an applicant, and, in specific circumstances, the nature and likelihood of any danger to a person or to the community from granting bail. The 2017 Act further provides for stricter bail terms for repeat serious offenders, including the use of curfews, and strengthens Garda powers to deal with breaches of bail.
While I am advised by An Garda Síochána that the State's amended bail laws have proven to be effective, all legislative provisions are of course kept under review.
The Deputy would be aware that, Zero Tolerance, the Third National Strategy on Domestic Sexual and Gender Based Violence commits to establish a review cycle to identify outstanding and emerging further reforms required to law, practice and procedure outside of supporting the victim/survivor (with attention to the voices of adult and child survivors). As part of this work, consideration will be given to provisions governing bail where there has been a suspected breach of a barring order and where there is a history of violence.
