asked the Minister for Justice if research has been carried out with regard to the crime rate of people on bail and, if so, by whom such research has been carried out and if he has satisfied himself as to the value of such research.
Written Answers. - Persons on Bail.
351.
I do not know in what sense the Deputy is using the word "research" in this context. The facts are that the Garda Síochána have for many years past—apart from certain periods—kept records of those crimes which either have been admitted to have been committed by persons while on bail or which the Garda are satisfied that they otherwise know were committed in those circumstances. I am perfectly satisfied that such figures are a useful guide to the Garda authorities and to me though, of course, as scarcely needs saying, they need to be interpreted in their proper context.
352.
asked the Minister for Justice the estimated number of crimes committed by people on bail for each of the last five years and the information on which these estimates are based.
As stated in reply to Question No. 351, the figures provided to me are not based on Garda estimates but on records kept by them. That reply also shows the basis of those records.
I am informed by the Garda authorities that the records of Garda Divisions outside the DMA show the number of crimes by persons on bail in each of the last five years as:—1974, 796; 1975, 1,192; 1976, 1,238; 1977, 1,497; 1978, 1,128; 1979 (up to and including 30 September), 1,130.
It was not possible in the time available to compile similar figures for Garda Divisions in the Dublin Metropolitan Area but I hope to be in a position to give those figures in a week or so and I will have them communicated to the Deputy as soon as they are received.
353.
asked the Minister for Justice the longest, shortest and average length of time at present for bail while awaiting trial, and if in view of the evidence available to him in this regard, he will consider the following steps to shorten terms of bail (1) a system of preliminary hearings analogous to the Magistrates' Tribunal in Great Britain, (2) the provision of more staff to shorten the existing procedural necessities for people awaiting trial, and (3) the creation of more court fora to deal expeditiously with cases and thus avoid a backlog.
Statistics in respect of the District Court are not compiled in such a way as to provide the information sought by the Deputy. Delays in disposing of indictable cases in the District Court are due in the main to requests for adjournments by prosecution or defence.
In the case of persons who have been returned for trial to the Circuit Criminal Court in Dublin the present position is that they can expect to be tried, at the earliest, within one month or at the latest within six weeks of the date of return for trial. Outside Dublin the time-lag can be as short as one or two weeks or as long as three months.
Of 64 bail cases at present awaiting hearing in the Central Criminal Court, ten were returned for trial to that court by the District Court and 54 were transferred to it from the Circuit Criminal Court. The most recent of these cases was returned for trial two weeks ago and the oldest three years ago. In the latter case the trial has been adjourned on 19 different occasions at the request of either the defence or the prosecution. The average delay in having a case heard in the Central Criminal Court is at present five months from the date of return for trial.
Two additional judges of the High Court were recently appointed and it can be expected that the increased complement of judges will help in reducing this back-log quickly.
In the Special Criminal Court 23 cases are awaiting hearing in 18 of which bail has been granted. One of these cases which dates back to 1976 has been listed for trial on a number of occasions but has had to be put back because one of the three defendants is in prison in another jurisdiction, one has failed to answer his bail and the third has instituted prohibition proceedings in the High Court. A case dating back to 1977, which involves seven defendants and 114 witnesses and is expected to take four to six weeks to dispose of, could not be listed before now because of other lengthy trials in the Special Criminal Court. It is listed for hearing this month. The usual delay in the hearing of the remaining bail cases before the court is four to six weeks.
The information given does not include cases where bench warrants have been issued where an accused person has not presented himself for trial.
As indicated, two additional High Court judges have been appointed and if the need for additional judges or court staff is established at any time they will be provided.
In the normal course preliminary examination of serious indictable offences takes place in the District Court. The Deputy will be aware that one of the main purposes of the Criminal Procedure Act, 1967, was to expedite the District Court proceedings in such cases.