Dáil Éireann Debate, Thursday - 5 July 2018
159. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which the bail laws need to be further enhanced to ensure that repeat offenders are not offered bail as a matter of course; and if he will make a statement on the matter. [29994/18]
View answerLast year the Government strengthened the bail system with the introduction of the Criminal Justice Act 2017. This is an important piece of legislation, which strengthens the powers of the Courts and of the Gardaí in dealing with persistent serious offenders. The Act places a greater emphasis on the rights and the safety of victims and of the public in bail decisions, while continuing to safeguard the rights of the accused. It provides increased guidance for the courts and greater transparency in the bail process. The court has the power to refuse bail where there are reasonable grounds to believe the person is likely to commit a serious offence. In assessing this likelihood, the court must take into account the nature and seriousness of the offence and the accused person’s previous offending and may also take into account the danger he or she poses to the public if bail is granted. The court is also required to give specific reasons for a bail decision including the granting of bail, the refusal of bail and the imposition of conditions of bail.
These considerable changes to the bail system were only brought into force 10 months ago so their impact is not yet reflected in the annual crime statistics. It is necessary to evaluate the impact of the Criminal Justice Act 2017 before determining whether further changes to the bail system are required.
