Dáil Éireann Debate, Tuesday - 9 October 2007
478 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if it is intended to initiate administrative or legislative changes to discourage those committing crimes while on bail; and if he will make a statement on the matter. [22850/07]
View answerIn relation to offences committed while on bail, the Deputy will be aware that section 11 of the Criminal Justice Act 1984 provides that any sentence of imprisonment imposed on anyone for an offence committed while on bail shall be consecutive on any sentence passed on that person in respect of a previous offence. Sections 22 and 23 of the Criminal Justice Act 2007 address an issue that may have cast doubt on the ability of the court to impose a consecutive sentence in a very particular circumstance, i.e. where the person is ‘unlawfully at large', having failed to appear in court as required by the terms of his or her bail. Under section 13 of the 1984 Act, that failure to appear is an offence and, following the recent amendment, it is now clearly established as an offence committed while on bail. As a result, under section 11 of the 1984 Act, as amended, any sentence of imprisonment imposed for that offence will be consecutive on any sentence imposed for a previous offence.
The Deputy will also be aware that Part 3 of the 2007 Act introduced several other important changes to the bail laws. These included changes designed to assist the Gardaí and the Director of Public Prosecutions in opposing bail applications by those accused of serious offences. In addition, there are numerous changes of a technical nature which will improve the overall operation and administration of the bail laws.
The changes introduced by the 2007 Act are the most extensive since the Bail Act was enacted in 1997. Any proposals for further changes of that kind must await an assessment of the impact of these recent amendments as it will take some time before their effect becomes clear. In this regard, I would also remind the Deputy that the Agreed Programme for Government contains a commitment to assess annually the effect of the recent changes.
Although it will be necessary to await an assessment of the recent changes, some ongoing alterations of a relatively minor nature will be necessary from time to time and will be dealt with as opportunities arise. For example, a small number of amendments to the list of serious offences listed in the Schedule to the Bail Act 1997 may be included in the Criminal Justice (Miscellaneous Provisions) Bill which is due for publication shortly. These amendments will take account of new offences and other changes as a result of the enactment of recent legislation, such as the Prisons Act 2007.
