Noel Grealish
Question:1364. Deputy Noel Grealish asked the Minister for Justice the steps being taken to restrict the granting of bail to serial or repeat offenders; and if she will make a statement on the matter. [40019/21]
View answerTuesday, 27 July 2021
Questions (1364)
Written answers
The Deputy will be aware that the decision to grant bail in a particular case is a matter for the presiding Judge, who is independent in the exercise of his or her judicial functions. There is also a constitutional presumption in favour of the granting of bail as, under Irish Law, a person is presumed innocent until proven guilty.
The Criminal Justice Act 2017 strengthens the operation of the bail system with the aim of making the law as effective as possible in protecting the public against crimes committed by persons on bail.
Under the Act, the Court is required to have regard to persistent serious offending by an applicant for bail and the nature and seriousness of any danger presented by the granting of bail to a person charged with an offence that carries a penalty of 10 years’ imprisonment or more. The Court also has the power, in certain cases, to hear evidence from the victim of an offence before a decision on bail is taken.
Where an accused person is granted bail, the Act provides for stricter bail terms for repeat serious offenders, including the use of curfews and strengthens Garda powers to deal with breaches of bail.