Dáil Éireann Debate, Wednesday - 5 December 2012
80. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which he continues to monitor the number of incidents wherein further serious crimes continue to be committed by prisoners while on bail and in some cases while on bail for a second offence; the action or actions he will take to address this issue; and if he will make a statement on the matter. [54811/12]
View answer81. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the steps normally taken to prevent a person on bail for a serious offence from absconding from this jurisdiction; if such procedure is followed on all occasions; and if he will make a statement on the matter. [54812/12]
View answerI propose to take Questions Nos. 80 and 81 together.
While figures available from the Central Statistics Office show some reduction in recent years in the number of recorded crimes where the suspected offenders were on bail, I share the public concern about the extent to which offences continue to be committed by persons on bail. As the Deputy will be aware, the criminal law takes a serious view of offences committed by persons on bail. Section 11 of the Criminal Justice Act 1984 provides that any sentence of imprisonment passed on a person for an offence committed while on bail must be consecutive on any sentence passed on him or her for a previous offence, or on the sentence last due to expire, if more than one is being served. It also provides that the fact that an offence was committed while on bail must be treated as an aggravating factor at sentencing and that the court shall impose a sentence that is greater than that which would have been imposed otherwise, unless there are exceptional circumstances.
A decision to grant bail in a particular case is a matter for the court, which is, subject only to the Constitution and the law, independent in the exercise of its judicial functions. There is a constitutional presumption in favour of bail, since, in the eyes of the law, a person is innocent until proven guilty. The provisions of the European Convention on Human Rights also restrict the extent to which the right to bail can be limited. Prior to the Sixteenth Amendment of the Constitution, bail could be refused essentially only on the grounds that a person would be likely to abscond or interfere with witnesses. The Bail Act 1997, which gave effect to the terms of the Sixteenth Amendment of the Constitution, provides for the refusal of bail to a person charged with a serious offence where it is reasonably considered necessary to prevent the commission of a serious offence by that person. In addition, section 6 of that Act, as amended by section 9 of the Criminal Justice Act 2007, provides that every bail recognisance is subject to the condition that the accused person shall not commit an offence while on bail.
A court in granting bail may impose certain conditions designed to help avoid the person absconding such as surrender of passports and a requirement to report at a Garda station. I believe that bail law must be continually reviewed to ensure that all possible avenues are taken to protect the public against the commission of crime, particularly serious crime, by persons on bail. Accordingly, my Department has been engaged in work to consolidate and update bail law with a view to presenting a clear, accessible and modern statement of the law. In the context of that modernisation of the law, I will be seeking to restructure the law so that it has a focus on the protection of the individual and of the public. My intention is that the new proposals will provide better guidance to the courts on how such protection might be provided. I am also taking the opportunity to introduce some general improvements to bail law to improve the overall working of the bail system. I will bring proposals to Government on the matter in the near future.
