asked the Minister for Justice how many persons have been convicted for offences committed out on bail in each of the past three years; and in how many of these cases bail had been opposed.
Ceisteanna — Questions. Oral Answers. - Offences on Bail.
22.
Statistics are not available in the form sought by the Deputy. However, an inquiry conducted by the Garda Authorities in June, 1968, showed that 183 persons who were granted bail by the courts committed 590 fresh offences against property during the 12 months ended 30th September, 1967. Of these persons, 37 committed five or more crimes while on bail. These figures cover crimes where the Garda were satisfied as to the identity of the culprits but may not have been in a position to produce proofs leading to conviction in court. In the following year the corresponding figures were 214 persons who committed 921 crimes while on bail. Of these persons, 60 committed five or more crimes. The results of a similar inquiry for the year ended 30th September, 1969, are not yet available. I shall communicate the relevant figures to the Deputy in due course.
As I have already pointed out in the House, there is conclusive evidence that a considerable number of offences are committed by persons while on bail. The situation has worsened since the Supreme Court judgment in the O'Callaghan case half-way through the 1967 crime year. In this judgment, the court, in effect, held that bail might be refused only where the accused was likely to flee the jurisdiction or to interfere with prosecution witnesses, and should not be refused merely because the accused would be likely to commit further offences while on bail.
I might add that following the O'Callaghan judgment any figures relating to cases in which the grant of bail was opposed would have little meaning. The grant of bail may be opposed by the State only where there is evidence to bring the case within the O'Callaghan decision.
Is the Minister thinking of changing the law?
Yes, and I have the authority of the Government to do so.
Good.